Position Paper on

Sexual Orientation and Gender Identity or Expression (SOGIE) Bill

by

Melford Maderazo

The SOGIE bill has been the nation’s heated debate since a transgender woman
by the name of Gretchen Custodio Diez video-recorded an incident of how she was
maltreated and disallowed to use a women’s bathroom in Farmers Plaza Cubao,
Quezon City by the mall’s janitress who had Diez arrested and detained in Quezon City
Police District Station 7 on the night of August 13. The documented harassment has
caused a social media hullabaloo and has sparked the SOGIE bill’s round-the-clock
discussion up to present. It even triggered a public outcry and flak from politicians,
particularly 1st District of Bataan Representative Geraldine Roman, the first transgender
Filipino to be elected to the House of Representatives. Senator Riza Honteviros, the
author of the SOGIE bill, renewed her call for Congress to pass the bill during her
privilege speech the following day1. She calls her colleagues in the plenary and in
Congress to pass the SOGIE equality bill for Gretchen Diez, for all Filipino lesbians,
gays, transgenders, intersex, queers, and asexuals, who have long been trapped in
judgment and discrimination2. The action of prohibiting Diez in the women’s bathroom
by the janitress has been regarded by many as an act of discrimination.
As defined in the SOGIE bill, ​Discrimination refers to any distinction, exclusion,
restriction, or preference based on the ground of sex, sexual orientation, gender identity
or expression, hereinafter referred to as “SOGIE”, and has the purpose or effect or
nullifying or impairing the recognition, access to, enjoyment, or exercise by all persons
on an equal footing of all rights and freedoms​. The janitress restricted Diez to use the
women’s bathroom as seen in the documented video, hence the effect of impairing
access to the bathroom. The janitress committed distinction based on sexual orientation

1
2

https://www.rappler.com/nation/237749-farmers-plaza-apology-gretchen-diez-steps-away-from-employee
when she ridiculed Diez by saying she didn’t belong there because she had male
genitals, hence the effect of impairing her exercise on an equal footing of her right and
freedom.
In October of 2014, the Quezon City Council approved a pro-LGBTQ ordinance.
In what has been touted as a pioneer legislation in Metro Manila, the Quezon City
Council passed on second reading an ordinance prohibiting discrimination based on
sexual orientation, gender identity and expression (Sogie) in the city3. Dubbed the
“Gender-Fair City” Ordinance, the measure protects LGBTQ rights in the workplace, in
schools, in accommodation and in accessing basic services4. Section 4 - Discriminatory
Practices - of the ordinance states;

“It shall be unlawful for any person, natural or juridical, to engage in

discrimination as defined in this Act, which shall include:
(h) Denying a person access to or the use of establishments,
facilities, utilities, or services, including housing open to the general public
on the basis of sexual orientation or gender identity or expression:
Provided, That the act of giving inferior accommodations or services shall
be considered a denial of access or use of such facility of services:
Provided further, That this prohibition covers acts of discrimination against
juridical persons solely on the basis of sexual orientation or gender identity
or expression of their members or their target constituencies5.”

The castigated incident happened under the jurisdiction of Quezon City

Government. It is apparent in the documented video that the janitress refused Diez to
use women’s bathroom on the basis of her sexual orientation, thus there was an
obvious denying of the use of the mall’s facilities on the basis of sexual orientation.
Therefore, it is crystal clear that the janitress and Farmers Plaza management violated
the ordinance.
The same provision of this ordinance is found in section 5 of the SOGIE bill,
which passage to the Congress has been rekindled due the incident. Should this
controversial bill be enacted into a law and be executed at the national level, many
Filipinos would surely be dismayed. The country, despite the conspicuous acceptance
of LGBTQ in society, is currently divided to uphold the bill. In fact, Ryan Borja Capitulo,
an obstetrician and gynecologist LGBTQ, opposes the bill by citing three main
arguments in a fairly popular post on Facebook6. He contends that there are already

3
4
​https://newsinfo.inquirer.net/642680/qc-council-approves-pro-lgbt-ordinance
5
​http://www.congress.gov.ph/legisdocs/first_17/CR00101.pdf
6
​http://www.interaksyon.com/politics-issues/2019/08/29/154073/sogie-bill-opposition-arguments/
existing laws against discrimination, the Philippines is a gay-friendly country, and the bill
violates people’s freedom of religion.
The SOGIE bill has incontrovertible loopholes, so I totally oppose its enactment. I
withstand for two reasons. First, in concurrence with Capitulo’s third argument, the bill
clearly violates our freedom of religion. Second, the bill will surely become an
inducement for opportunistic sex offenders risking the privacy and safety of women and
girls.
As what Jesus Is Lord (JIL) Church founder turned party-list lawmaker Brother
Eddie Villanueva claimed in his privilege speech on Wednesday, August 28, regarding
his strong opposition, the SOGIE equality bill would "undermine" the role of parents,
"threaten" academic freedom, "imperil" freedom of speech and religion, and "puts into
question the very foundation of our laws7." He even highlighted his question, “What
happens to a Christian like me...if we are to be threatened by punishment every time we
share our Bible-based beliefs on matters of transgenders and homosexuals?8”
Section 7 of the bill lists the penalties for violation. Thus;

“​Any person who commits any discriminatory practice described in

Section 5(a), 5(d), 5(e), 5(g), and 5(h), upon conviction, be penalized by a
fine of not less than One Hundred Thousand Pesos (P100,000) but not
more than Two Hundred Fifty Thousand Pesos (P250,000) or
imprisonment of not less than one (1) year but not more than six (6) years,
subject to the discretion of the court.

In addition, Section 5 lists the Discriminatory Practices. Thus;

“It shall be unlawful for any person, natural or juridical, to: (a.)
Promote and encourage stigma on the basis of SOGIE in the media, in
educational textbooks, and other medium. Inciting violence and sexual
abuse against any person or group on the basis of SOGIE is likewise
prohibited;”

Most Christians believe that homosexuality is a sin based on the Bible. In fact,
there are four famous passages in the Bible that abhor homosexuality. In the Old
Testament, Genesis 19, tells the story of how God punished the inhabitants of Sodom
and Gomorrah due to homosexuality. In Leviticus 18 & 20, there are two well known
statements about homosexual activity:

7
8
​https://www.rappler.com/nation/238780-eddie-villanueva-claims-sogie-bill-threatens-freedoms-non-lgbtq
 “You shall not lie with a male as with a woman; it is an
abomination.”​ (Leviticus 18:22)
“If a man lies with a male as with a woman, both of them have
committed an abomination; they shall surely be put to death; their blood is
upon them.”​ (Leviticus 20:13)

In the New Testament, Romans 1:18-32, God exhibits his wrath against the sinful
humanity, thus;

“Because of this, God gave them over to shameful lusts. Even their
women exchanged natural sexual relations for unnatural ones. In the
same way the men also abandoned natural relations with women and
were inflamed with lust for one another. Men committed shameful acts
with other men, and received in themselves the due penalty for their
error.”

In 1 Corinthians 6:9-10, the apostle Paul writes;

“Or do you not know that the unrighteous will not inherit the
kingdom of God? Do not be deceived: neither the sexually immoral, nor
idolaters, nor adulterers, nor men who practice homosexuality, nor
thieves, nor the greedy, nor drunkards, nor revilers, nor swindlers will
inherit the kingdom of God.”

Furthermore, in 1 Timothy 1:8-10, the apostle Paul adds;

“The law is not laid down for the just but for the lawless and
disobedient, for the ungodly and sinners, for the unholy and profane, for
those who strike their fathers and mothers, for murderers, for the sexually
immoral, men who practise homosexuality, enslavers, liars, perjurers, and
whatever else is contrary to sound doctrine.”

These teachings from the Bible are being preached in churches, religious
television shows and radio programs, etcetera, to discourage and dishonor
homosexuality, and to prove that homosexuality is a sin. This is a clear violation of
Section 5 (a) of the SOGIE bill which states, “​It shall be unlawful for any person, natural
or juridical, to: (a.) Promote and encourage stigma on the basis of SOGIE in the media,
in educational textbooks, and other medium.” T ​ he teachings explicitly promote stigma
on homosexuals. As defined in the bill, ​Stigma refers to the dynamic devaluation and
dehumanization of an individual in the eyes of others which may be based on attributes
that are arbitrarily defined by others as discreditable or unworthy and which result in
discrimination when acted upon. ​Homosexuality as a sin is discreditable and unworthy
for Christians, hence it can be regarded as devaluation and dehumanization of the
homosexuals in the eyes of Christians. If this bill becomes a law, it will bar religious
practitioners to preach on homosexuality, thus suppressing their right to free exercise of
religious profession and worship. Therefore, this bill contravenes Article III Section 5 of
the Constitution which states;

“No law shall be made respecting an establishment of religion, or

prohibiting the free exercise thereof. The free exercise and enjoyment of
religious profession and worship, without discrimination or preference,
shall forever be allowed. No religious test shall be required for the
exercise of civil or political rights.”

Moreover, the SOGIE bill will likely induce sex offenders, particularly sexual
predators seeing that they are psychologically unstable. On December 26, 2014,
Washington adopted the New Transgender Bathroom, Locker Room Policies. The rules,
adopted by the state Human Rights Commission, make it illegal for business owners to
limit sex-specific facilities such as bathrooms, showers, and locker rooms to persons
with the anatomical parts of one sex9. The policy had induced some sex offenders to
satisfy their sexual gratifications and commit a crime involving sexual acts.
As a matter of fact, even before the enactment of this policy, there had already
been documentation of the crimes. In 2009, a registered sex offender was arrested in
San Jose, California after having been caught in the women’s restroom of an unnamed
store several times while wearing a wig and fake breasts10. In 2013, a 33-year-old man
was charged with allegedly dressing as a woman to secretly videotape women using the
restroom at a Macy’s department store in Palmdale, California11. In 2014, a sexual
predator who falsely claimed to be transgender preyed on women at two Toronto

https://www.dailysignal.com/2016/01/04/washington-quietly-adopts-new-transgender-bathroom-locker-roo
m-policies/?_ga=2.131574095.1100899004.1567243390-1646706658.1567243390
10

https://www.mercurynews.com/2009/01/26/san-jose-sex-offender-wearing-fake-breasts-wig-arrested-for-l
oitering-in-womens-restroom/
11

https://ktla.com/2013/05/14/da-cross-dressing-man-secretly-videotaped-women-in-macys-bathroom/#ixzz
2TKsMicgJ
shelters12. In 2015, a man dressed as a woman spied into a mall bathroom with a
woman and her your daughter in Virginia13.
These contemptible incidents will likely occur once the SOGIE bill becomes a law
in the Philippines. How can someone identify a person is a true LGBTQ by just looking
at how he or she dresses? Someone can wear women's clothing and act like he is
transgender and go inside the women’s bathroom only to indulge on his sexual
gratifications. What if this person, who claims to be a transgender when he is really not,
waits for the right timing, being alone with the victim, to prey on the victim? What if the
victim is your daughter, your wife or partner, or a member of your family? These are
possibilities that may happen in reality once SOGIE becomes a law.
While the main objective of the SOGIE bill is equality, we cannot deny the fact
that it has loopholes. Unless these loopholes are addressed in or extinguished from the
bill, one could say it’s good-to-go to become a law, but of course, it depends on
Congress to enact and the President to execute. A law should be consistent with the
Constitution. It is clear as black and white in Article 7 of the Civil Code. If it’s
inconsistent with the Constitution, then it would merely be a waste of taxpayers' money
to be spent in enacting it in Congress and implementing it in the country. And according
to St. Thomas Aquinas, law should be for the common good because the end of law is
the good of the community it binds, and not merely the good of the lawmaker or a
special interest group14. If this bill becomes a law, and induce sex offenders to commit
crimes, then it is not for common good, but merely the good of a special interest group,
in this case the LGBTQ. Therefore, I conclude that the SOGIE bill is improper to
become a law in the country.

12

https://torontosun.com/2014/02/26/predator-who-claimed-to-be-transgender-declared-dangerous-offender
/wcm/fc2c70f0-b1a1-41e2-85db-bec9d0012ce5
13

https://www.nbcwashington.com/news/local/Man-Dressed-as-Woman-Spies-Into-Mall-Bathroom-Stall-in-V
irginia-Police-Say-332934761.html
14
​https://en.wikipedia.org/wiki/Treatise_on_Law