Polytechnic University of the Philippines

The Urgency, Constitutionality, &

Viability of SOGIE Equality Bill

A Term Paper Submitted to Atty. Paul Braga

Philippine Constitution
College of Political Science and Public Administration
Polytechnic University of the Philippines
Sta. Mesa, Manila

By
Joshua Raphael R. Aquiler
BPA 1-1
October 22, 2019
 INTRODUCTION

It has been 2 months since a trans woman named Gretchen Diez sparked

controversy nationwide when she was barred from entering the women’s bathroom by a

janitress at a mall in Cubao, Quezon City. She recorded the incident via Facebook Live.

As shown and told in the video, Diez was about to enter the women’s bathroom when she

was stopped by a janitress and suggested that she use the men’s bathroom. Her refusal

and insistence that she’s a woman and must use the women’s bathroom made the

janitress escort her to what appears to be a room for the mall’s employees. To her

surprise, the Facebook live gained thousands of shares and views to which spawned

different public reactions and/or opinions. The same video also led her in meeting

Congresswoman Geraldine Roman, an advocate of LGBTQ+ rights, at the precinct who

stood by her side. The janitress brought her to the precinct for recording against her will

and therefore filing unjust vexation against Diez. The day concluded to where the janitress

apologized to Diez and dropped the charges against her.

While the incident might have concluded that day, Diez’s larger issue have not yet

rested and is still floating at the atmosphere of prevailing social issues.

Diez’s incident is an example of a discrimination on the basis of sexual orientation,

gender identity or expression. She was discriminated for being a trans woman and was

forbidden to use the women’s bathroom. In this matter, it is imperative to know and to

inculcate that: Trans women are women. This, of course, is in line with trans women’s

SOGIE. With that being said, the author would like to give an overview of SOGIE and how

does it work for an individual for this is the fountain of knowledge of this paper.
 The term SOGIE is an abbreviation combining sexual orientation, gender identity,

and gender expression. Sexual orientation refers to whom a person is sexually attracted,

if they are attached to a particular gender, two or more gender, or not attracted to anyone

at all. Gender identity and gender expression are ways in which a person identifies and/or

expresses their gender, including self-image, appearance, and embodiment of gender

roles. Specifically, one’s gender (e.g. male, female, genderqueer, etc.) is one’s internal

sense of self and identity while one’s gender expression (e.g. masculine, feminine,

androgynous, etc.) is how one embodies gender attributes, presentations, roles, and

more. These characteristics are independent of each other. Meaning, to put it into an

example, one can be sexually attracted to men while identifying himself as male and

presenting himself as androgynous.

While the term is often used by the LGBTQ+ organizations, SOGIE refers to

everyone including those of the heterosexual people. It’s due to the fact they too have

SOGIE. So, when used universally, ‘People of diverse SOGIE’ is the politically correct

way of calling people in relation to this.

Going back to Diez’s incident, public opinions have sprung and different stance

were given to discuss whether trans women should use the women’s bathroom. There

are those who agree with the notion, and there are those who disagree. In regards with

the latter, some conservative leaning and faith-based organizations have expressed their

strong disagreement. In the former, many progressive organizations expressed their

agreement and called for the urgent passing of SOGIE Equality Bill.
 URGENCY OF SOGIE EQUALITY BILL

If SOGIE Equality Bill is passed, discrimination, and even microaggressions, that

can dangerously lead to hate crimes would finally lessen and be criminalized. This would

also stabilize the lives of the LGBTQIA+ Filipino community for they are the ones who

experiences marginalization and oppression on the basis of their sexual orientation,

gender identity, and gender expression.

On a press statement given by the Philippine LGBT Hate Crime Watch, Ladlad

partylist, and other LGBT allied organizations in 2012, they’ve revealed that around 150

LGBTQIAs are murdered since 1996. According to Santy Layno, Trustee of Ladlad

Partylist, homophobia, biphobia and transphobia are the major motivations for hate

crimes against LGBT people. The statistics given are just cases that were reported to the

authorities, mass media reports, and such. Know that this represents only one of the

many acts of hate crime, however this is the pinnacle. So, if one would do an extensive

research about hate crimes to LGBTs in the Philippines, he might face a large number of

unreported cases and unpunishable cases in relation to this.

In an article released by Human Rights Watch titled “Philippines: LGBT students

face bullying, abuse”, it is reported that even with the existence of Philippine laws that’ll

protect students from discrimination and abuse such as the anti-bullying law and DepEd

memo of prohibiting bullying on the absis of sexual orientation and gender identity, LGBT

students still encounter physical bullying, verbal harassment, sexual assault, and

cyberbullying in schools. Many students were not aware of anti-bullying policies or did not

know where to seek help if they were persistently bullied.

 In a report submitted by United Nations Development Programme titled “Being

LGBT in Asia: Philippines Country Report”, many of the LGBTs were found to be

discriminated and abused in their workplace. It is said in the report that for many LGBT

people, discrimination starts even before they are employed. For instance, there are

cases of male-to-female transgender women being told by recruitment officers that they

will only be hired if they presented themselves as males by cutting their hair short,

dressing in men’s clothes, and acting in stereotypically masculine ways. For those already

employed, there are cases of dismissals of LGBT employees solely because of their

SOGI. In the case of lesbian employees, LeAP!, (2004) reported that “discrimination can

occur in the process of hiring, in the assigning of wages, in the granting of benefits and

promotions, and the retention of… employees.” Moreover, LGBT Filipinos are

experiences sexual harassment too. Discrimination occurs widely because of LGBT

people are associated with certain professions (i.e. transgender people are perceived to

be prostitutes). Bemz Benedito, who headed Ang Ladlad in 2013, was sexually harassed

while working as a researcher at the Institute of Philippine Culture at the Ateneo de Manila

University and felt that it was based on her being a transgender female.

With the passing of SOGIE Equality bill, abuses and discrimination will be

criminalized protecting the LGBT Filipinos. They will be given the fully realized rights and

benefits of being a citizen in this country leaving them not bereft from privileges of better

health, education, employment, social recognition and such that was once difficult to

obtain due to prejudices to their SOGIE.

 CONSTITUTIONALITY OF SOGIE EQUALITY BILL

Having said the background and urgency of the bill, the SOGIE Equality Bill is

constitutional. The SOGIE Equality Bill is meant to fulfill the rights enshrined in the 1987

constitution, particularly the equal protection clause of Article 3 Section 1 of the Bill of

Rights. 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.

On question of conflicting constitutional rights with religious and faith-based

organizations, it is seen that it does not appear to be clashing for the exercise of

religious beliefs is guaranteed to still be at its form but, of course, in coherence with

protection of the self-esteem of people with diverse SOGIE.

If the state would not allow the SOGIE Bill to be passed, particularly on the basis

of a faction’s beliefs, then it fails miserably to protect all of its people equally and that it

establishes a religion to which is a violation of the constitution specifically Article 2

Section 6 that states “The Separation of the Church and the State shall be inviolable”

and Article 3 Section 5 that states “No law shall be made respecting an establishment of

religion, or prohibiting the free exercise thereof……….No religious test shall be required

for the exercise of civil or political rights”.

It is affirmed that both are given constitutional rights, and both must exercise it in

fulfillment thereof.
 VIABILITY OF SOGIE EQUALITY BILL

It is clear that the provisions of the bill are in harmony of stopping discrimination of

people with diverse SOGIE highlighting the members of the LGBTQ+ community for they

are the ones who experiences marginalization. On this part, it’ll be tacked here how would

SOGIE bill work in the society and protect different interests of the citizens. With this, the

author thinks that the best way to tackle this is to debunk popular misconceptions about

the bill.

1. The SOGIE Equality Bill gives special rights to LGBTQ+ people.

As said in the outset of this paper, SOGIE is for everyone because everyone has

their own arrangement of SOGIE. Meaning, it includes the protection of

heterosexual people. What this bill will give to the LGBTQ+ people are the peace

of living that they are longing for.

2. The SOGIE Equality Bill is not necessary because discrimination against members

of the LGBTQ+ community does not exist in the Philippines.

LGBTQ+ secondary school students in Luzon and Visayas have described

incidents of bullying in school, according to a 2017 report by Human Rights Watch;

30% of Filipino workers reported being harassed, bullied, and discriminated

against by others while at work because of their SOGIE, according to a 2018 study

by the United Nations; and, in August, a transgender woman was detained at the

Quezon City Police District Station 7 for using the women's restroom.

3. The provisions of the SOGIE Equality Bill are redundant given other Philippine

laws.
 While the Safe Spaces Act (2019), Anti-Bullying Act (2013), and Anti-Sexual

Harassment Act (1995) have always been in place in Philippine legislation, there

are instances that people have been harassed, bullied, and discriminated against

for dressing differently, being in a relationship that’s outside the man-and-woman

norm, and identifying as their true selves.

4. The SOGIE Equality Bill focuses on marriage equality.

No, the bill does not focus on legalizing same-sex marriage. However, it must be

noted that in the decision of the supreme court in Falcis III v Civil Registrar, the SC

said that "from its plain text, the Constitution does not define, or restrict, marriage

on the basis of sex, gender, sexual orientation, or gender identity or expression."

5. The SOGIE Equality Bill is an attack on religious freedom.

It is said in the constitution that “No law shall be made respecting an establishment

of religion, or prohibiting the free exercise thereof." That being said, religious

groups can freely exercise their beliefs but they will be regulated in relation to this.

They can do their speeches being against about people with diverse SOGIE,

particularly those of the LGBT, inside their church but they can’t do such outside.

6. The SOGIE Equality Bill allows a change of gender-markers in the birth certificate.

Unlike sexual orientation, gender identity, and gender expression, the sex—

classification of a person as male or female—of an infant is assigned at birth based

on the appearance of their external anatomy. This is the one found in our birth

certificates—and never mentioned in any revision of the proposed SOGIE Equality

Bill.
7. The SOGIE Equality Bill gives LGBTQ+ people a free pass to bully "straight"

people.

Again, no special rights will be given to the LGBT people. If they were found to

violate any of the laws such as the Anti-bullying act, then they will be apprehended.

This is in line to the equal protection clause of the 1987 constitution.

8. The SOGIE Equality Bill is not a national issue that needs to be prioritized.

There are 24 senators and different committees that are a member of. The fact

that it is brought up and in the talks in the senate is a national issue. After all, the

bill is about basic rights and equality.

9. The SOGIE Equality Bill would make more people gay.

No, the bill would not make the people gay. If anything, if this bill passes, it’ll help

people to understand more what SOGIE is and thus easing the culture of

acceptance of the LGBTQIA+ community.

 REFERENCES

Contreras, A. (2019). Lies Against SOGIE Bill. Retrieved from:

https://www.manilatimes.net/2019/08/31/opinion/columnists/topanalysis/lies-against-the-
sogie-bill/608761/
Basic Definitions: Sexual Orientation, Gender Identity and Expression (SOGIE).
Retrieved from: https://www.chp.edu/-/media/chp/departments-and-services/adolescent-
and-young-adult-medicine/documents/gender-and-sexual-development/basic-
definitions-sogie.pdf?la=en
Human Rights Watch (2017). Philippines: LGBT Students Face Bullying, Abuse.
Retrieved from: https://www.hrw.org/news/2017/06/21/philippines-lgbt-students-face-
bullying-abuse
Talabong, R. (2019). Trans woman arrested after being blocked from using women's
restroom in Cubao. Retrieved from: https://www.rappler.com/nation/237698-transgender-
woman-arrested-after-blocked-using-women-restroom-cubao
The Constitution of the Republic of the Philippines. Retrieved from:
https://www.officialgazette.gov.ph/constitutions/1987-constitution/
UNDP, USAID (2014). Being LGBT in Asia: The Philippines Country Report. Bangkok.