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While the island Health Department said on Wednesday that it will continue to provide essential medical services to the LGBTQ community regardless of whether Senate Bill (SB) 1, the Law on the Fundamental Right to Religious Freedom, is enacted, it will have to ensure that the religious beliefs of administrative workers are accommodated.
The agency will have to draft regulations stipulating reasonable accommodations for administrative employees who choose not to provide services to transgender individuals or others due to their religious convictions. The response was triggered by inquiries from Sen. María de Lourdes Santiago at a public hearing.
The LGBTQ+ Federation of Puerto Rico on Wednesday submitted a rigorous presentation opposing the measure, declaring that it effectively permits discrimination under the guise of religious freedom. The umbrella organization condemned being denied the opportunity to testify at the Senate hearing on SB 1.
“For over a month, the entities that constitute the Federation have demanded participation in public hearings on Senate Bill 1, which aims to legitimize discrimination under the excuse of religious freedom,” asserted Juan F. Caraballo Resto, a physician and member of the federation’s advisory council. “Today, we were denied that participation; nevertheless, we submitted our report to the senatorial committee in opposition to this alarming measure, and we are now sharing it with the public.”
The Rev. Agustina Luvis Núñez, another member of the federation’s Advisory Council, said: “Religious freedom must never be manipulated into a tool for hate, exclusion, inequality, or discrimination. As individuals of faith, we categorically oppose this measure and call on every religious leader and member of our communities to vigorously speak out against this dangerous initiative. Our faith compels us toward love and solidarity, not prejudice or discrimination.”
On Jan. 13, during the inaugural session of the Legislative Assembly, the LGBTQ+ Federation organized a press conference on the steps of the Capitol, demanding public hearings. Their requests to testify were denied. On Feb. 21, the Senate Committee on Innovation, Reforms, and Appointments, chaired by Senate President Thomas Rivera Schatz, scheduled a public hearing but excluded the federation from participation.
The provisions of the bill would grant religious schools access to public funding and allow prayers in public schools. Additionally, the act would safeguard churches and faith-based organizations from discrimination in government services, including the granting of permits, access to funds, materials, proposals, and loans, at parity with non-religious entities. To enforce the legislation’s provisions, clear guidelines are to be established for adoption and implementation by all three branches of government.
With regard to school prayer provisions, the bill clearly states that the Department of Education of Puerto Rico cannot prevent teaching and non-teaching staff from participating in religious activities initiated by students before or after school hours, provided that the activities are voluntary and do not interfere with their responsibilities. Furthermore, staff members have the unimpeded right to engage in prayers, recitations, or any other personal and individual religious expressions during their free time, according to the bill.
