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Home / News and Updates / The SOGIE Equality Bill

By: Ma. Jiandra Bianca F. Deslate

Underbar Associate, DivinaLaw

“My dear brother and sisters in the LGBT community, I want you to know
that I am but one voice among many in this august chamber that says it is
time: It is the time to pass the Anti-Discrimination Bill on the Basis of
Sexual Orientation and Gender Identity. And the time is now,” declared
Bataan 1st District Representative Geraldine Roman in an impassioned
privilege speech in Congress on Sept. 19, 2016. A year later, 197 other
congressmen echoed her call and unanimously passed the Sexual
Orientation and Gender Identity and Expression “SOGIE” Equality bill on
the third reading.

Uphill Batt le
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 fi rst of its kind in the country. Other
anti-discrimination bills have been fi led in the past, but these were never
SOGIE-specifi c, lumping the lesbian, gay, transgender, bisexual, and
queer sector (LGBTQ++ sector) with others such as the diff erently abled or
the indigenous groups.

The fi rst version of the SOGIE Equality Bill was fi led in the 11 th Congress
by the late Sen. Miriam Defensor-Santiago and Akbayan Rep. Ett a
Rosales. It was pending for nineteen years, and is now coming to fruition
in the 17th Congress through the ardent eff orts 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 Purpose
The SOGIE Equality Bill is meant to fulfi ll 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 Specifi cs
The bill fi rst introduces and defi nes 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. Diff erential 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 latt er by anyone especially those involved in law
enforcement, and gender profi ling. Children under parental authority are
given particular att ention 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

Commission of any of the said acts will be meted out a fi ne of one

hundred thousand to fi ve hundred thousand pesos (P100,000 to P500,000)
or a prison sentence of one to six years (1 to 6 years), or both.
Additionally, the court may impose community service in the form of
att endance In human rights education.
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
nondiscrimination through social protection and diversity programs, and
even incentivizes the positive portrayal of the LGBTQ++ in the media. A
SOGIE Equality Oversight Committ ee shall be created to eff ectively
implement the Act.

Continuing Fight
While the bill has already overcome resistance in the lower house, it is
still hotly debated in the Senate. Senate Majority Floor leader Tito Sott o
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 fi ght for its passage
into law. Chairperson for the  Senate Committ ee  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.

Reference/s:
https://divinalaw.com/sogie-equality-bill/