If the Philippines’ Sexual Orientation, Gender Identity, and Expression Equality Bill

(SOGIE Bill) and early versions of it, such as the Anti-Discrimination Bill, was a person, it would
have been a 19-year-old adult by now. It has become one of the slowest-moving bills in
Philippine history, always susceptible to the influence of the main opponents of this bill—the
religious-based organizations. This observation cannot be denied given the amount of time that
it has been languishing in the hands of our lawmakers. The Anti-Discrimination Bill was first filed
in 2000 by then Akbayan Representative Loretta Rosales and the late Senator Miriam Defensor
Santiago under the 11th Congress.
The past few months have seen a lot of news about the LGBT community. There was a
Pride March in Ateneo De Manila and a rather controversial reaction from a religious group.
There was the Metro Manila Pride March, with thousands of people braving the rains to
celebrate and protest. And everyone had an opinion about Gretchen Diez, the transgender
woman who was treated harshly by a janitress in a Quezon City mall. Because of all of these,
there has been a lot of discussion about solving discrimination against the LGBTQIA, through a
SOGIE Bill. There are currently three versions of the SOGIE Bill filed in the Senate, by Sen. Risa
Hontiveros, Sen. Imee Marcos, and Sen. Francis “Kiko” Pangilinan. But what is all about the
controversial SOGIE Equality bill under the 18th Congress?
The SOGIE Equality Bill is meant to fulfill the rights set forth in the 1987 constitution,
particularly the equal protection clause. It recognizes the LGBTQ++ as equals and ensures that
their rights are protected inasmuch as everyone’s is. The bill also acknowledges the Philippines
duties under international law particularly the Universal Declaration of Human Rights and the
International Covenant on Civil and Political Rights. It thus recognizes the non-discrimination of
the LGBTQ++ as both a national and international duty.
The SOGIE Bill is basically an anti-discrimination bill. It recognizes that many people,
whether they're LGBTQIA++ or cisgender, experience discrimination based on their SOGIE. The
bill seeks to protect all people from this kind of discrimination. The bill aims to prohibit
discrimination on the basis of SOGIE, so even the 'straights' are protected by this bill. The bill
first introduces and defines the concepts of sexual orientation, gender identity, and gender
expression(SOGIE), as well as other terms that are pertinent to the aforementioned.
To be more specific, SOGIE Equality Bill proposes equal access for members of the
LGBTQ+ community to basic rights and services that everyone also has. Some of the
discriminatory acts it prohibits include: using SOGIE as criteria for hiring, demotion, or dismissal
of workers; denying access to health services, public establishments, and public facilities; and
using a person's SOGIE to deny admission or push expulsion in an educational institution and
deny application to government licenses, permits, and similar documents.
The bill provides a lists the practices to be considered discriminatory and unlawful under
the bill, like the denial of rights to LGBTQ+ community on the basis of their SOGIE, such as their
right to access public services, right to use establishments and services including housing, and
right to apply for a professional license, among others. Differential treatment of an employee or
anyone engaged to render services, denial of admission to or expulsion from an educational
institution, refusal or revocation of accreditation to any organization due to an individual’s
SOGIE will also be penalized. The bill also deems as discriminatory the act of forcing any person
to undertake any medical or psychological examination to alter his SOGIE, the publication of
information intending to “out” a person without his or her consent, public speech meant to
vilify LGBTQ+, the harassment and coercion of the latter by anyone especially those involved in
law enforcement, and gender profiling. Children under parental authority are given particular
attention in the bill, as the prevention of the expression of their SOGIE will also be penalized.
Any act of harassment or coercion directed to the LGBTQ+ is a discriminatory act under the
SOGIE.
If the SOGIE Bill was already implemented as a law, the case of Gretchen Diez would be
a clear violation of an equal right since this is one of the discriminatory acts that the said Bill
prohibits, that is, "Denial of access to establishments, facilities, utilities, or services." This means
trans women should be allowed to use female bathrooms because they are women. The same
goes with trans men and male bathrooms. Other examples of violations provided under the Bill
includes the following:

 Refusal or revocation of accreditation, formal recognition, or registration of any

organization, political party, or institution;
 Denial of access to medical and health services;
 Denial of application or revocation of professional license;
 Forced medical or psychological examination to determine and/or alter a person’s
SOGIE without his or her consent (This bill requires the approval of the appropriate
Family Court for minors); and
 Harassment by the police or military.
In case any of these violations are committed, the Bill provide for its appropriate
sanctions. Under the Bill, any person, corporation, or organization found guilty of commission
of any of the said acts will be meted out a fine of one hundred thousand to five hundred
thousand pesos (P100,000 to P500,000) or shall be imprisoned for a minimum of one (1) year
but not more than twelve (12) years, or both. Additionally, the court may impose community
service in the form of attendance in human rights education and exposure to the plight of the
victims. The bill also has provisions for administrative sanctions for government officials who
refuse to investigate, prosecute, or act on complaints for violations.
Moreover, the Bill is not only punitive, but more importantly, it is preventive. It orders
the inclusion of SOGIE concerns in all police station activities and services, with the renaming of
the Women and Children’s Desks to Women, Children, and LGBTQ++ Protection Desk, and the
imposition of human rights-based training on the police. It directs the promotion of non-
discrimination through social protection and diversity programs, and even incentivizes the
positive portrayal of the LGBTQ++ in the media. A SOGIE Equality Oversight Committee shall be
created to effectively implement the Act.
The SOGIE Bill also mentions programs to promote non-discrimination and diversity
which includes, the “Social Protection Programs” to protect those who are vulnerable to stigma
and discrimination on the basis of their SOGIE, and Diversity Programs and Policies. It also
mandates all government agencies to develop and implement SOGIE-specific gender sensitivity
education and information dissemination.
While the Bill is currently pending before the House of the Congress for its passage into
law, it is inevitable that it will be subject to criticism from different groups in our society
primarily the groups from religious society and conservative politicians. Different perspectives
from these different groups affect the passing of the Bill. The same critics who opposed the
earlier versions of the Bill. Firstly, conservative lawmakers claimed that there is no need to pass
this proposed bill given that there are already many existing laws that safeguard the rights of
every citizen against discrimination. The following are the existing laws:

 The 1987 Constitution of the Republic of the Philippines, Labor Code of the
Philippines;
 Civil Code of the Philippines;
 Anti-Graft and Corrupt Practices Act
 Code of Conduct and Ethical Standards for Public Officials and Employees;
 The Revised Penal Code of the Philippines;
 Anti-Sexual Harassment Act of 1995; and
 Universal Declaration of Human Rights.
In addition to that, they contended that there may be victims of discrimination for being
ilocano or kapampangan or bisaya, but the need for an Anti-Ilokano or Anti-Kapampangan or
Anti-Bisaya Discrimination Act is unnecessary. There are victims of discrimination because of
their height, but an Anti-Short Stature Discrimination Act as not even proposed as a bill. There
are victims of discrimination because they are fat, but an Anti-Obese Discrimination Act was
never mentioned to be passed. These existing laws ensure that any form of discrimination is
avoided. There is no need for additional laws in this regard.

Secondly, there is no need an Anti-Discrimination or SOGIE Equality law because

Filipinos are inherently accepting of lesbians, gays, bisexuals and transgenders. Filipino society
is innately tolerant of LGBTs. Proof of this would be the many Filipino LGBTs who are very
successful in their respective fields: business, trade, media, education, fashion, healthcare, law,
I.T., science and technology, arts, show business and even politics. The election of the
honorable representative of the first district of Bataan, Rep. Geraldine B. Roman, is yet another
validation. The Philippines has also consistently been recognized as one of the gay-friendly
countries in the world and one of the gay-friendliest in Asia. In many households and families all
over the country, LGBTs are accepted and loved, with many serving as primary breadwinners
and caregivers.
Thirdly, religious sects, especially the Catholic Church, claimed that SOGIE Equality law
may be used as instruments to stifle or violate freedom of religion and freedom to live out faith.
They elaborated their contentions by posing these questions: What will happen to a seminary
or convent that will uphold Church laws by refusing admission to a transgender who wants to
study and become a priest or nun? What will happen to parishes and Catholic universities that
will not allow or recognize LGBT organizations in keeping with their mandate to abide by
Church doctrines? What will happen to “all boys” or “all girls” Catholic schools that will not
accept transgender children as students because this would go against the catechism they
teach? What will happen to Catholic and Christian offices or companies like bookstores, travel
agencies, radio stations, television networks or religious organizations that will not hire LGBT
employees because it violates their faith-based beliefs? What will happen to a Muslim school
(madrasah) that pledges obedience to the Quran and hadith and will not enroll transgender
students who desire to be an imam? What will happen to a Jewish school that will not accept
LGBT students applying to be a rabbi since Orthodox Judaism prohibits it? What will happen to
churches of other denominations that will not employ LGBTs as pastors in compliance with their
biblical beliefs? In all of these possible scenarios, the proposed bills may be used to take legal
action against churches, mosques, temples, religious communities and faith-based
organizations resulting in fines of up to 500,000 pesos or imprisonment of up to 12 years.
Proponents of the bill have always asserted that ensuring non-discrimination for LGBTs on the
basis of their sexual orientation and gender identity will not diminish or encroach on the rights
of others. But the penal provisions of the proposed law say otherwise. Surely, the followers of
the great religious traditions of the world is not expected to change their doctrines to
accommodate a law that will violate their fundamental right to freely practice the very religion
that they uphold. Forcing organized religion to set aside or modify its tenets is as absurd as
forcing LGBTs to change their sexual orientation and gender identity.
While the bill has already overcome resistance in the lower house, it is still hotly
debated in the Senate. Senate Majority Floor leader Tito Sotto III, Sen. Manny Pacquiao, and
Sen. Joel Villanueva, who have been very vocal about their religious beliefs, are among those
who staunchly oppose its passage. Various Christian groups have also expressed their protest.
The Christian Coalition for Righteousness, Justice and Truth (CCRJT), for one, argues that the bill
actually perpetuates and does not prevent discrimination, as it discriminates against those who
do not agree with the LGBTQ++ community.
Proponents of the bill, however, vow to continue the fight for its passage into law.
Chairperson for the Senate Committee on Women, Children, Family Relations and Gender
Equality, Senator Risa Hontiveros-Baraquel stresses the importance of a law that will protect
people from sexual and gender-based discrimination and inequality, and laments that it is long
overdue.
With opposing forces weighing in on the debate, only time will tell if the SOGIE Bill will
be signed into law.