SOGIE Equality Bill

The Sexual Orientation and Gender Identity and Expression Equality Bill also known as the
Anti-Discrimination Bill (ADB), is a proposed legislation of the Congress of the Philippines. It is
intended to prevent various economic and public accommodation-related acts of discrimination
against people based on their sexual orientation, gender identity or expression.[1] The current
versions of the bill are championed by Kaka Bag-ao, Geraldine Roman, and Tom Villarin in the
House of Representatives, and Risa Hontiveros in the Senate. The version in the House of
Representative passed its third reading most recently on September 20, 2017, but died in the
Senate.[2] It has been refiled for the 18th Congress.

Legislative history

The bill was first filed in Congress in 2000 by then-senator Miriam Defensor-Santiago and then-
Akbayan party-list Representative Etta Rosales, in which the bill passed 3rd reading in the House
but stalled in the Senate. Similar measures were filed by other senators in the 15th and 16th
congresses without success.[3] The bill was re-filed by Defensor-Santiago in every congressional
period in the Senate until her last term in 2016. The counterpart bill in the House was also filed
continuously by the representatives of Akbayan party-list.

17th Congress

In 2017, House Bill No. 4982, sponsored by Dinagat Islands Rep. Kaka Bag-ao (the principal
author of the measure since her first term), Bataan Rep. Geraldine Roman, Akbayan Party-List
Rep. Tomas Villarin, and several others, was not approved on third and final reading for the first
time since 2001[4] with 198 members of the House of Representatives voting for the bill and
none opposing it, a historic pro-LGBT move from the House of Representatives.[5]

The counterpart bill in the Senate, filed by Senator Risa Hontiveros (the first Akbayan senator),
was in the period of interpolations by May 2018. It is backed by Senators Loren Legarda, Grace
Poe, Nancy Binay, Franklin Drilon, Bam Aquino, Chiz Escudero, Ralph Recto, Sonny Angara,
JV Ejercito, Francis Pangilinan, Juan Miguel Zubiri, and Leila de Lima, although de Lima is
barred from voting on the bill as she is currently in police custody.[6][7] It was opposed by
Senators Tito Sotto, Manny Pacquiao, Cynthia Villar, and Joel Villanueva (who signed up as a
co-author of the bill).[8] Other senators such as Win Gatchalian, Koko Pimentel, Antonio
Trillanes, Panfilo Lacson, and Richard J. Gordon have not yet expressed their support or
rejection of the bill. Senator Trillanes is currently facing cases that may put him in jail, which
may make him ineligible to vote for the bill like senator De Lima if ever he is arrested.
Additionally, Alan Peter Cayetano and Gregorio Honasan no longer have voting rights on Senate
measures as they declined to be part of the presidential cabinet.[9] All in all, out of the existing
24 Senate seats: 12 seats support and can vote on the bill; 1 seat supports but cannot vote on the
bill (although the number may rise to 2); 4 seats oppose and can vote on the bill; 5 seats can vote
on the bill but have not yet given their positions on it (although the number may be reduced to
5); and 2 seats are de facto vacated.[9] For a bill to pass the Senate, it needs a vote of 50% (12)
of the body, plus one (1) vote for a total of thirteen (13) votes. The SOGIE Equality Bill
currently is supported by 12 seats that are allowed to vote on the measure.[10]

The bill is also supported by the Catholic student governments of University of the Philippines-
Diliman (UPD), Ateneo de Manila University (ADMU), De La Salle University(DLSU)-Manila,
De La Salle - College of St. Benilde (CSB), Far Eastern University (FEU), Miriam College
(MC), St. Scholastica's College (SSC)-Manila and San Beda University (SBU). The longest
running LGBT student organization UP Babaylan has also been supporting the bill ever since it
was first filed.,[11] as well as known celebrities and icons such as Heart Evangelista, Nadine
Lustre, Bianca Gonzalez, Iza Calzado, Charo Santos-Concio, Dingdong Dantes, Joey Mead
King, Divine Lee, Karen Davila, Chot Reyes, Tootsy Angara, BJ Pascual, Samantha Lee,
Christine Bersola-Babao, Rajo Laurel, Tim Yap, Anne Curtis, Mari Jasmine, Laureen Uy, Pia
Wurtzbach, Lorenzo Tañada III, Vice Ganda, Arnold Van Opstal, and Chel Diokno.[12][13][14]
[15][16][17][18][19][20]
In March 2018, a small group of Christians protested at the Senate against the SOGIE bill by
calling the proposed legislation an 'abomination', adding that homosexuality is allegedly a 'sin'
citing that their 'hate' is allegedly credible because it is supposedly written in the Bible and that
viewing that identifying as part of the LGBT community is a supposedly a 'lifestyle'.[21] The
group also claimed that the bill relates to same-sex marriage, which is not found anywhere within
the bill.[22] Senators Villanueva, Gatchalian, and Villar spoke against same-sex marriage after
the protest.[23] In May 2018, senator Tito Sotto, who opposes the SOGIE bill, became the new
Senate President. In an interview, Sotto was asked on the bill's passage, to which he responded,
"Not in this congress."[9]

In July 2018, various high-profile celebrities rallied for the passage of the SOGIE bill. They also
called out senators Sotto, Pacquiao, and Villanueva to end the debates and pass the proposed
legislation.[13] In August 2018, on the height of the bill's postponed debates, various
discrimination events against the Filipino LGBT community surfaced, causing public calling for
the passage of the SOGIE Equality Bill in the Senate.[24][25] Numerous influential
personalities, including political allies of the three senators who oppose the bill, sided with the
calls to pass the landmark proposal.[17][24][7]

In January 2019, fake news and chain mails[26] claiming that there are 'satanic'[27] and 'same-
sex marriage' provisions in the SOGIE bill began circulating, a move to dislodge the bill's
progress.[28] The actual bill does not have any satanic nor same-sex marriage provisions.[29]

In May 2019, the SOGIE Equality Bill officially became the longest-running bill under the
Senate interpellation period in Philippine history. Supporters of the bill have remarked that the
prolonged interpellation was intended by the dissenters to block the passage of the historic anti-
discrimination bill.[30] The bill's principal author and sponsor in the Senate, senator Risa
Hontiveros, has again called on her Senate colleagues to formally close the interpellation period,
so that the bill can finally be subject for amendments and voting.[30] In June 2019, with the end
of the session of the 17th Congress, the SOGIE Equality Bill prohibiting discrimination on the
basis of sexual orientation, gender identity or expression -- after the lawmakers failed to tackle
the bill in this session of the Senate of the Philippines. The Senate version of the bill was first
filed in August 11, 2016. It was sponsored by Risa Hontiveros in December 14 of the same year.
The bill has become one of the slowest-moving bills in the country’s history. The passed house
version of the bill would have penalised discrimination with a fine of not less than ₱100,000 but
not more than ₱500,000, or imprisonment of not less than one year but not more than six years or
both, depending on the court's decision. [31][31] however, she said the bill had gained new allies
and wider acceptance among policy makers and the public and that she is confident the bill will
pass in the next Congress.[32] The bill was archived, and the bill must again be refiled in the
18th Congress, starting over the one to three-year process of enactment again.[30]

18th Congress

Versions of the SOGIE Equality Bill was again refiled in the 18th Congress by senator Risa
Hontiveros[33], senator Imee Marcos[34], senator Leila de Lima, and senator Kiko Pangilinan,
[35] while another similar bill was filed by senator Sonny Angara.[36] Senators Bong Go[37],
Juan Miguel Zubiri[38], Ralph Recto,[39] and Franklin Drilon[40] have manifested their support
for the SOGIE Bill. In the House of Representatives, various representatives have also filed their
versions of the bill, notably, Sol Aragones of Laguna[41] Geraldine Roman of Bataan,[42] Loren
Legarda of Antique[43], Maria Lourdes Alba of Bukidnon, Jose Belmonte of Quezon city, Bayan
Muna representatives Eufemia Cullamat, Carlos Zarate, and Ferdinand Gaite, Kristine Singson of
Ilocos Sur, Bagong Henerasyon representative Bernadette Dy, Eric Olivarez of Parañaque city,
and Francis Abaya of Cavite.[44] Representatives Sy-Alvarado, De Venecia, Reyes, Taduran,
Bordado, Olivarez, and Violago have also signed as co-author of the bill filed by representative
Roman,[45] while Gabriela Women's Party representative Brosas has signed as co-author of the
bill filed by Bayan Muna.[46]

Religious leaders also manifested their support for the SOGIE Bill, such as Koko Alviar of the
Iglesia Filipina Independiente (Aglipayan Church)[47] Sister Mary John Mananzan, OSB,
executive director of the Institute of Women’s Studies of the Catholic St. Scholastica’s College,
[48] Bishop Solito Toquiero of the National Council of Churches in the Philippines,[49] and
Pastor Kakay Pamaran of the Union Theological Seminary.[50] The representative for Muslim
Filipinos also supported the bill.[51] In contrast, representative Eddie Villanueva claimed that
the SOGIE Bill is 'imported' and not part of Filipino culture.[52] This statement has been
rebuked by internationally-respected historians and researchers who have verified through
decades of intense scientific research that the Philippines has always had a diverse sexuality even
before Spanish colonization.[53][54]

Senate president Tito Sotto has again expressed dissent against the bill, adding that the bill "will
not pass" in the Senate as long as he is the Senate president.[55] Senator Joel Villanueva has also
expressed dissent.[56] Human right group, Karapatan, expressed support for the bill[57], as well
as the Philippine Commission on Human Rights.[58] The student governments of the country's
top educational institutions, namely, Ateneo de Manila University (ADMU), De La Salle
University(DLSU)-Manila, University of Santo Tomas (UST), De La Salle - College of St.
Benilde (CSB), Miriam College (MC), St. Scholastica’s College (SSC)-Manila and San Beda
University (SBU) have also supported the SOGIE bill through an inter-university convergence.
[59] The 2019 Metro Manila Pride March also backed the passage of the SOGIE Bill, with its
attendance peaking at thrice the number from the previous year.[60]

Various personalities have again called support for the SOGIE Bill, namely, Anne Curtis[61]
Heart Evangelista, Catriona Gray, Pia Wurtzbach, Judy Taguiwalo Saab Magalona, Kelsey
Merritt, Angelina Mead King, Joey Mead King,[62][63] Iza Calzado, Nadine Lustre, Janine
Gutierrez, BJ Pascual, Mari Jasmine and Samantha Lee.[64] Vice President Leni Robredo also
supports the SOGIE Bill[65], while President Rodrigo Duterte supports "an anti-discrimination
law patterned like the one approved in Davao".[66] The government has stated that they will
certify an anti-discrimination bill as "urgent".[67]
MANILA - A Catholic nun on Wednesday defended a proposed bill seeking to protect
individuals from gender-based discrimination, saying it does not give “special rights” to a certain
group in society.

The proposed Sexual Orientation and Gender Identity or Expression (SOGIE) Equality Bill
merely addresses the concerns of the lesbian, gay, bisexual, and transgender (LGBT) community,
which has historically faced discrimination, said Sister Mary John Mananzan, a Catholic nun
running an all-girls school in the capital Manila of the lesbian, gay, bisexual, and transgender
(LGBT) community, which has historically faced discrimination, said Sister Mary John
Mananzan, a Catholic nun running an all-girls school in the capital Manila.

“I don’t see that this bill is giving any special right to this group. They are just saying that the
rights of everybody should also be applied to them,” Mananzan said in a Senate hearing on the
proposed bill of minority Sen. Risa Hontiveros.

“As a religious woman I believe in the respect, compassion, and reverence for all persons
because I believe they were all made in the image and likeness of God.”

Mananzan said while issues on sexual orientation are highly debatable and would entail
“unending discussions”, no one can argue that many people who have chosen to freely express
their gender identity have been victims of discrimination.
She explained that heterosexual men would not normally demand equal treatment because "it is a
fact that they are not discriminated against as gender."

"Therefore, it is really the one that is discriminated against that is the focus of our attention,"
Mananzan said.

"Even if we are really against the discrimination of anybody, sometimes you have to focus on
groups of people that are actually suffering discrimination and violence."

Mananzan's statement seems to aim to strike at one of the core arguments of groups opposing the
SOGIE Equality Bill who say that the proposed measure would trample upon the rights of non-
LGBT community members.

SOGIE bill gives 'special rights' to LGBTQ community, Bro. Eddie says

Koko Alviar of the Iglesia Filipina Independiente, also known as the Aglipayan Church, said his
church supports the SOGIE Equality Bill because "we believe the full realization of human rights
is our way of establishing heaven on earth."

"We believe God wants us to exist in a community of love," said Alviar, an openly gay man.

"'Love the sinner,' we are told by our anti-SOGIE Christian siblings, but how do you say you
love the sinner when you are refusing them secular, universal rights to jobs, education, and
healthcare based on their dissonance from your expectations?" he added.
The SOGIE Equality Bill recently became a hot-button issue after transgender woman Gretchen
Custodio Diez was arrested following an altercation witha mall personnel for her use of a
woman’s restroom.

The proposed measure has deepened divisions among various sectors in predominantly Catholic
Philippines.

But President Rodrigo Duterte has expressed support for the bill’s passage.

SOGIE BILL DISCRIMINATORY?

While the chief executive backs the bill, it is still expected to face rough-sailing in the Senate, as
conservative groups continue to pressure legislators to not support the proposed measure.

The SOGIE Equality Bill is in itself discriminatory for being “one-sided,” said lawyer Lyndon
Caña of the Coalition of Concerned Families of the Philippines.

“We do not hate the LGBT community. We don’t condone any form of bashing… We, however,
have the strongest reservations and concerns or opposition to the SOGIE bill and I hope it will
not be misconstrued as hatred to the LGBT community,” Caña said during the Senate hearing.

“There is exclusion or non-mention of the other sector immediately affected by the bill. It is
immediately a one-sided bill which is supposed to be anti-discrimination.”
Caña also believes that in the SOGIE Equality Bill, “facts will yield to feelings,” as he noted that
one’s gender identity is based on an individuals “feelings.”

“We are very concerned that in this concept of the bill where facts will yield to feelings, na-
criminalize pa ang mga maninindigan based on fact (those who stand up for facts are
criminalized),” he said.

Cesar Buendia, who represents a group of “former homosexuals redeemed and changed by Jesus
Christ,” said the bill guarantees rights to its citizens “based on mere perceptions, beliefs and
mindsets.”

“It is dangerous,” Buendia claimed.

'It’s dangerous': Groups say SOGIE equality bill discriminatory

“What if a 12-year-old child believes and asserts he is already 21 years old? Should the child be
accorded the right to vote, marry, and drink alcohol?” he said.

Buendia added the SOGIE Equality Bill is “excessively discriminatory [against] the majority of
Filipinos” who believe that "there are only two sexes."

“We pray that no part of the SOGIE bill be passed. If the framers of the bill only seek protection
for people who are discriminated upon, then pass a law that will protect all people from
discrimination and not only a group of people,” Buendia said.
Addressing Buendia’s concern, Hontiveros said the intention of the hearings on the proposed
measure is to “eventually pass a law that indeed protects all.”

“It is the belief that each individual has a SOGIE, even cisgender, even heterosexual people,” she
said.

“But certainly [it seeks to provide] protections against discrimination to all and especially at this
point in time the LGBT+ community who historically suffered the greatest amount of
discrimination.”

Obed Dela Cruz of the Christian group Intercessors for the Philippines, meanwhile, said a
SOGIE Equality Bill may not be necessary as there are already several laws protecting a person’s
rights.

“The laws are already enough to be applicable to all, and if ever a court or a public officer will
refuse to apply this law to the LGBT, let that public officer be [made] liable,” he said.

FATE OF SOGIE IN SENATE

These conservative groups have found themselves an ally in no less than Senate President
Vicente Sotto III, who said the bill’s passage in the upper chamber is bleak.

Sotto: A man will never be a woman

Sotto said Hontiveros’ pet bill is a “class legislation” that only aims to protect a certain sector of
society.

He also dismissed Hontiveros’ statement that the SOGIE Equality Bill can be likened to the
Magna Carta for Women.

“Women cannot be compared to a group like that because, I hate to say this but I have to, If you
are a man, you will never be a woman, no matter what you do, because you cannot reproduce.
You cannot give birth, you do not have ovaries,” Sotto told reporters.

“You will never be a woman. So this, to me, the SOGIE bill is a bill against women’s rights.”

Sotto said he is more amenable to the Comprehensive Anti-Discrimination Bill filed by Sen.
Sonny Anagara, which seeks to prohibit a wide range of discriminatory acts.

Angara files bill vs 'all forms' of discrimination