SOGIE Bill Explainer

Source: Divina Law, and Senator Risa Hontiveros Speech in Senate

SITUATIONER
HOUSE BILL No. 4982

 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 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.
WHAT IS INSIDE SOGIE Bill?
 It 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
PENALTY and ADMIN ACTION

 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 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 attendance 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 Committee shall be created to effectively implement the Act.
WHY DO WE NEED SOGIE Bill?
Source: from CNN Philippines
 Equality Bill Rally: ‘Hindi lang naman LGBT people ang may SOGIE — everyone ha
s SOGIE.’
 “We're just really fighting for equality. What we want is equality — protection of our
rights, assurance na we would be able to exercise our rights, our rights na we have because
we are human, because we are Filipinos. We just need the protection from the law that we
can actually exercise these rights and that we will be protected from discrimination. Ang
dami nang kinuha ng discrimination from us na opportunities — our childhood, our
dreams, our youth, our time in this advocacy, in this activism.”
 With no national law, can we rely on local ordinances to protect LGBTQs against disc
rimination?
 Due to the continuing failure of Congress to pass a national anti-discrimination law,
LGBTQ+ advocates sought other ways of protecting the community from discrimination.
As they wait for the law to catch up, they turned to their local government units to provide
them with protection, albeit limited.
 It was in 2003 when the Quezon City government approved the country’s first local anti-
discrimination ordinance (ADO). According to Angie Umbac, former president of Rainbow
Rights Philippines, instances of harassment and bullying in dormitory restrooms
experienced by several LGBTQ+ university students brought about discussions of having a
city ordinance to address such acts of discrimination. The then-pending ADB in Congress
served as basis in crafting the ordinance.
 Despite the limited protection it may have provided, Quezon City’s first anti-
discrimination ordinance paved the way for other local governments to enact their own
ordinances to protect LGBTQ Filipinos from discrimination. A more comprehensive ADO
was later passed by Quezon City in 2014.
 Survey finds that Filipino companies are not accepting of LGBTQ+
 The first ever Philippine Corporate SOGIE Diversity and Inclusiveness (CSDI) Index — a
study in 2018 conducted by the Philippine LGBT Chamber of Commerce and research
firm Cogencia, and supported by the Embassy of the Kingdom of the Netherlands in the
Philippines — surveyed 100 companies on their anti-discrimination and equal opportunity
employment policies. Out of the 100, they found zero Philippine-based companies
implementing policies meant to protect their employees from SOGIE-based discrimination.
 Coming out and coming of age outside Manila
 While Metro Manila is by no means an absolutely safe space — this is a country where you hear
stories of LGBTQ children being told that they should be nailed to a cross and where, on one
occasion, “a lower court dismissed the case of child abuse committed by a school principal against
a young girl who refused to wear skirts and was made to parade in school grounds wearing a
curtain” — much of what is recognized as the mainstream LGBTQ advocacy is based here. Indeed,
much of the historicizing LGBTQ Filipinos do see Metro Manila, specifically Quezon City, as the
birthplace of Asia’s first Pride March.
 However, in many places inside and outside Manila’s walls, you do hear stories that make one
realize that keeping the rainbow flag furled is still the safer bet for many people. “The LGBT youth
continue to suffer from stressors in the forms of discrimination, exclusion, and gender-based
violence,” Prof. Hadji Balajadia of Ateneo De Davao University’s Department of Psychology tells.
She puts the situation bluntly: “Their potentials and well-being are shattered and shaken.”
 Before ‘same-sex unions,’ let’s talk about the Anti-Discrimination Bill first
 “Bakit pinupush ang Anti-Discrimination Bill, o ang SOGIE Equality Bill pero bakit hindi
gaanong maingay tungkol sa marriage equality?” says Atty. Jazz Tamayo of legal literacy
NGO Rainbow Rights Philippines during Pride Speaks, a discussion on LGBTQ+ activism
organized by Metro Manila Pride. “Kasi may paniniwala kami sa advocacy na ‘yung
SOGIE Equality Bill, it cuts across the board. Mas marami kasing nakaka-benefit doon.”
 “Mayaman o mahirap, single o hindi, pwede kang gumamit ng batas kasi
mapoproteksyunan ka niyan sa trabaho mo, sa eskuwelahan mo,” she adds. “Hindi ibig
sabihin na hindi importante ang marriage equality. Ang ibig sabihin lang, in terms of
prioritizing, mas mahalagang may trabaho ka, diba?”
DEBUNKING MYTHS
Source: Rappler and CNN, Senator Risa Hontiveros speech in Senate and
Congresswoman Sarah Elago speech in Congress
 Debunking myths about the LGBTQ+ bathroom debate
 In 2019, when a cleaning crew at the Quezon City mall harassed trans woman Gretchen
Custodio Diez as she tried to enter a women’s restroom, they violated the city’s Gender
Fair Ordinance, which protects people from harassment and discrimination based on sexual
orientation, gender identity and expression (SOGIE). This incident sparked renewed debate
about the SOGIE Equality Bill, which aims to provide protection to all Filipinos
nationwide. However, online, offline, and even in the Senate, discussions took place on
restroom rights, gender identity, and the need for a national Anti-Discrimination Bill.
 To help everyone better understand the issue, as well as the call for protection against
discrimination, here we debunk five myths and misconceptions about SOGIE.
It affects religious beliefs?

 Church groups have staged protests against the SOGIE Equality Bill, saying that it
“violates one’s freedom to express his or her religious beliefs which is embedded in the
Constitution.” (They also had a sign that said “We respect LGBT, no need for SOGIE Bill
.” So confusing.)
 But in reality, this bill won’t hinder anyone’s beliefs. It aims to protect people in the
LGBTQ+ community from discrimination and hate crimes. “The best way is [to remind
them] that God said, ‘Love each other as I have loved you,’ said Rye Manuzon of
AKBAYAN Youth. “I know from that statement that people should welcome [the LGBTQ+
community] for who they are. Rather than following an old outdated message that they
misquoted from the Bible.”
No longer needed as it is enshrined in the
Constitution?
 Yes, the Constitution does have laws that protect human rights. But there’s 
no specific provision on criminalizing acts done against someone’s sexual orientation and
gender identity
. One of the prime examples is the murder of Jennifer Laude. “I think the people who are
skeptical about it don’t really know what the bill’s provisions are,” said Tintin Lontoc of
Metro Manila Pride. “There’s no state-governed body that monitors all the attacks on
LGBT people. It’s disproportionate, and there are a lot of hate crimes against trans-people
and kids who get kicked out of their schools and families because they’ve come out.”
 Once passed, discriminatory acts will be penalized with 
a fine of not less than P100,000 and not more than P500,000. This also includes
imprisonment for one to six years.
The SOGIE Bill oppresses other people’s rights?

 Sen. Joel Villanueva, who is one of the authors of the SOGIE Equality Bill, recently
expressed his opposition on the bill. He said in a press release, “We just want to make sure
that the bill does not cause harm to our rights to exercise our own beliefs without
compromising the rights of others… We need an anti-discrimination law that will promote
genuine equality—a measure that is concrete and holistic. We will never allow the
suppression of people’s rights to exercise their religious freedom or cultural beliefs.”
 The thing is that several people already have the privilege of protection and non-
discrimination. How can you create a law that promotes equality when you think the
SOGIE Equality Bill will harm the rights of others? As Kana Takahashi of UST Hiraya
puts it, “Don’t betray the LGBT+ community by feeding into the misinformation campaign
of some groups. As an author of an anti-discrimination bill in the Senate, there’s no sense
to backbend on your promise.”
Focuses only on same-sex marriage?

 Many church groups seem dead-set on the idea that the SOGIE Equality Bill will only 
open doors to same-sex marriage. However, they seem to be missing the bigger picture like
discrimination in the workplace and in society in general. “We demand the passage [of the
SOGIE Bill] because we deserve and because LGBT rights are human rights,” said Vince
Liban of UP Babaylan. “There are people who don’t get accepted in jobs because they
have a different SOGIE from the typical heterosexual cisgender people.”
 Not saying that same-sex marriage shouldn’t be allowed in the country. (It’s still a long
shot for our country, but we’re free to dream and fight for it, right?) But it also shouldn’t
be used as the sole reason why you’re not supporting a bill that protects our fellowmen.
CONTINUING FIGHT
NOVEMBER 27, 2020