SOGIE (Sexual Orientation or Gender Identity or Expression) Equality Bill

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SOGIE (Sexual Orientation or Gender Identity or Expression) Equality Bill

House Bill No. 4982 or “An Act Prohibiting Discrimination on the Basis of Sexual
Orientation or Gender Identity or Expression (Sogie) and Providing Penalties Therefor” is the
first of its kind in the country. Other anti-discrimination bills have been filed in the past, but
these were never SOGIE-specific, lumping the lesbian, gay, transgender, bisexual, and queer
sector (LGBTQ++ sector) with others such as the differently abled or the indigenous groups.
The first version of the SOGIE Equality Bill was filed in the 11th Congress by the late Sen.
Miriam Defensor-Santiago and Akbayan Rep. Etta Rosales. It was pending for nineteen years,
and is now coming to fruition in the 17th Congress through the ardent efforts of Bataan 1st
District Representative Geraldine Roman, Diwa Party List Representative Emmeline Aglipay-
Villar, and Dinagat Islands Representative Arlene “Kaka” Bag-ao. While the bill still has to hurdle
the Senate, its passage in the House is already a victory in itself for the LGBTQ++ community.
The bill first introduces and defines the concepts of sexual orientation, gender identity,
and gender expression, as well as other terms that are pertinent to the aforementioned. It then
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
The bill is not only punitive, but more importantly, 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.
Source: https://www.divinalaw.com/sogie-equality-bill/

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