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 con gressmen echoed
her call and unanimously passed the Sexual Orientation and Gender Identity
and Expression “SOGIE” Equality bill on the third reading.

Uphill Battle
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, bi sexual, 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 11 t h Congress by
the late Sen. Miriam Defensor-Santiago and Akbayan Rep. Etta Rosale s. It
was pending for nineteen years, and is now coming to fruition in the
17 t h 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 Purpose
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 D eclaration 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 Specifics
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 then lists the practices to be considered discriminatory and unlawful under

the bill, like the denial of rights to LGBTQ+ commu nity 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 forc ing 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

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 statio n 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.

Continuing Fight
While the bill has already overcome resistan ce in the lower house, it is still
hotly debated in the Senate. Senate Majority Floor leader Tito Sotto III, Sen.
Manny Pacquiao, and Sen. Joel Villanueva, who have been very vocal about
their religious beliefs, are among those who staunchly oppose its pas sage.
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 fight for its passage into
law. Chairperson for the Senate Committee 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.