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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 thenlists the
practices to be considered discriminatory and unlawful under the bill, like the denial ofrights to LGBTQ+
community on the basis of their SOGIE, such as their right to access publicservices, right to use
establishments and services including housing, and right to apply for aprofessional license, among
others. Differential treatment of an employee or anyone engaged torender services, denial of admission
to or expulsion from an educational institution, refusal orr

evocation 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 anymedical
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 lawenforcement, and
gender profiling. Children under parental authority are given particularattention 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 theSOGIE. Commission of any of the said acts will
be meted out a fine of one hundred thousand tofive 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 ofattendance In human rights education.The bill is not only punitive, but
more importantly, is preventive. It orders the inclusion ofSOGIE 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 impositionof human rights based training on the police. It directs the
promotion of nondiscriminationthrough social protection and diversity programs, and even incentivizes
the positive portrayal ofthe LGBTQ++ in the media. A SOGIE Equality Oversight Committee shall be
created toeffectively implement the ActThe 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 SOGIE Equality Bill is meant to fulfillthe rights set forth in the 1987 constitution, particularly the
equal protection clause. It recognizesthe LGBTQ++ as equals and ensur

es that their rights are protected inasmuch as everyone’s is.

The bill also acknowledges the Philippines duties under international law particularly theUniversal
Declaration of Human Rights and the International Covenant on Civil and PoliticalRights. It thus
recognizes the non-discrimination of the LGBTQ++ as both a national andinternational duty. Although I
am not one who contradicts this bill to be passed, because I too have friendswho are members of the
LGBTQ+ Community and their rights should be observed as well. Butthere are things that should be
reconsidered before passing such bill.Instead of promoting equality, the Sexual Orientation and Gender
Identity and Expression

(SOGIE) Equality bill will only “unduly give special rights” to some me

mbers of society at theexpense of others, said

Citizen’s Battle Against Corruption (CIBAC) Partylist Rep. Eddie

Villanueva. With that said,

SOGIE bill is not necessary since the Philippine society is “innately

accepting

of LGBTs” or lesbians, gays, bisexuals a

nd transexuals. While I certainly agree that

“Philippine law should uphold the basic human rights of everyone”, sexual orientation, gender

identity and expression (SOGIE) would be virtually same

to special interest. “Lesbians, gays,

bisexuals, and transgenders (LGBTs) enjoy the same rights to equality and non-discrimination

as all Filipino citizens” already, within the reasonable bounds of law and an orderly society; thus,our
laws need not “afford LGBTs” special rights.Ryan Borja Capitulo, an obstetrician, gynecologist and a
member of the LGBTQ Community,

also expressed his fear that the SOGIE bill might be used to “stifle or violate” people’s freedom

of religion and their freedom to live out their faith.

“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?” he asked.

“What will happen to parishes and Catholic universities that will not allow or recognize LGBT

organizations in keeping wi
th their mandate to abide by Church doctrines?” Capitulo added

“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 LGBTemployees
because it violates their faith-

based beliefs?” he asked.

Capitulo mentioned that under the proposed measure, such scenarios would merit
religiouscommunities and faith-based organizations to be legally penalized for perceived
discrimination.Under the bill, violators can be sanctioned for up to P500,000 and be imprisoned for up
to sixyears.

“We cannot expect the followers of the great religious traditions of the world to change their

doctrines to accommodate a law that will violate their fundamental right to freely practice the

very religion that they uphold,” Capitulo said.

To create “rights” based on purported sexual orientation or gender identity (SOGI) is bad policy,

without basis, and wholly problematic. It will lead to substantial long-term confusion and(ironically)
discrimination. The SOGIE

bill does give definitions of “gender identity” and “sexualorientation” but they are unfortunately (and
expectedly) ambiguous and superficial. Much ofwhat can constitute identity or orientation cannot be
seen through clothing or even at skin level. And yet, the State is expected to punish individuals (e.g.,
employers, faculty administrators,business owners, ordinary service employees, etc.) for any failure on
their part to identify due tolack of workable standards on the very particular kind of person covered by
the bill.There is also the difficulty of proving that one has indeed been discriminated due to
genderidentity or sexual orientation (and not for any other reason), and of proving that such a status
ofgender identity or sexual orientation did exist at the time of the supposed discrimination. In
otherwords, there is the failure to identify the evidence necessary that must be presented to ourcourts
that at the time of the supposed discrimination taking place the person making the claimis indeed
covered under the purview of the provisions of the SOGIE bill and that the person or

persons committing the discrimination did so because of that complainant’s sexual orientation or

gender identity and not for another (justifiable) reason. This difficulty is heightened because ofthe
possibility that sexual orientation can unilaterally change through time.

Professor Jemy Gatdula in his piece “There is no such thing as SOGI rights, just humanrights” says the
idea of SOGI rights is eccentric in the sense that “it purports to say that there is

no difference between the rest of the Philippine population and the LGBT, and then proceeds to

provide rights and protections to the LGBT that the rest of the community does not enjoy (whichis the
total absence of requiring overt qualifications and escape from legal discrimination). Notonly is this
against the essence of democratic rule, it also illogically violates the doctrine of equaltreatment, as well
as the idea of human rights being universal. Rather than equality of rights, we

have a balkanization of rights for a small group of people rather than for all people.”

The tolerance and openness of the Philippines is such that even without any law givingpreferential
treatment (as any law drafted for a specific sector does), our society alreadycomfortably proffers a
number of successful people claiming to be transgenders in media,academe, politics, and
government.Finally, despite the quite limited size of the LGBT population (a recent US study pegs itsown
LGBT population to 2-5% of population, the Philippine demographic will not be too far off),the SOGI bill
quite irresponsibly failed to consider the obvious effects it will have on the greatmajority of Filipinos.
Judging by the usual listing that LGBT advocates have regarding the

‘rights’ they are pushing for, such will involve laws relating to employment, military service,

adoption, marriage, student activities, parenting, schools, religion, and government


identitydocuments.what can constitute identity or orientation cannot be seen through clothing or even
at skin level. And yet, the State is expected to punish individuals (e.g., employers, faculty
administrators,business owners, ordinary service employees, etc.) for any failure on their part to identify
due tolack of workable standards on the very particular kind of person covered by the bill.There is also
the difficulty of proving that one has indeed been discriminated due to genderidentity or sexual
orientation (and not for any other reason), and of proving that such a status ofgender identity or sexual
orientation did exist at the time of the supposed discrimination. In otherwords, there is the failure to
identify the evidence necessary that must be presented to ourcourts that at the time of the supposed
discrimination taking place the person making the claimis indeed covered under the purview of the
provisions of the SOGIE bill and that the person or

persons committing the discrimination did so because of that complainant’s sexual orientation or

gender identity and not for another (justifiable) reason. This difficulty is heightened because ofthe
possibility that sexual orientation can unilaterally change through time.

Professor Jemy Gatdula in his piece “There is no such thing as SOGI rights, just humanrights” says the

idea of SOGI rights is eccentric in the sense that “it purports to say that there is
no difference between the rest of the Philippine population and the LGBT, and then proceeds to

provide rights and protections to the LGBT that the rest of the community does not enjoy (whichis the
total absence of requiring overt qualifications and escape from legal discrimination). Notonly is this
against the essence of democratic rule, it also illogically violates the doctrine of equaltreatment, as well
as the idea of human rights being universal. Rather than equality of rights, we

have a balkanization of rights for a small group of people rather than for all people.”

The tolerance and openness of the Philippines is such that even without any law givingpreferential
treatment (as any law drafted for a specific sector does), our society alreadycomfortably proffers a
number of successful people claiming to be transgenders in media,academe, politics, and
government.Finally, despite the quite limited size of the LGBT population (a recent US study pegs itsown
LGBT population to 2-5% of population, the Philippine demographic will not be too far off),the SOGI bill
quite irresponsibly failed to consider the obvious effects it will have on the greatmajority of Filipinos.
Judging by the usual listing that LGBT advocates have regarding the

‘rights’ they are pushing for, such will involve laws relating to employment, military service,adoption,
marriage, student activities, parenting, schools, religion, and government identitydocuments.

Truth is, we don’t need a SOGI law as we already have SOGI laws: among others, they are called the
Constitution, the Civil Code, the Revised Penal Code, and the Labor Code.Transgenders are people
deserving of every right and responsible for every duty. Weshould embrace, care for, and respect their
humanity. But to treat them with the feel-goodpolitical correctness of progressives, irresponsibly
allowing ourselves to pretend that realitydoes not exist, is doing a great disservice to our fellow human
beings. As decent human beingswho respect the rights of others, we should work towards a world
where everyone is equalregardless of being LGBTs or not, no special rights; where no one is afraid of
going to school tobe bullied by their classmates or teachers, LGBT or not; where all are not made to
suffer crimes,regardless of sexual orientation, and where everyone is considered equal in all aspects of
life.

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