Antalan, Angelica OTFH 5

Lao, Yolaya Position Paper

Lim, Danina Mabel FCR
Tambunting, Maria Luisa

Unveiling the Justice

The curtains have finally fallen for the regime of the current administration but the never-ending
story of violence and discrimination against the members of the LGBTQ community was never put into
termination. Despite the government’s heightened efforts to eradicate gender-based violence, President
Rodrigo Duterte reiterated that the continuous battle amid the widespread violation of human rights
will be unrelenting and unremitting to put to an end to the gender-based problem of the country.
Gender-related turmoil have surged into disastrous peak, following the controversial
confrontation between transwoman Gretchen Custodio Diez and a female janitor preventing her from
using the female restroom in a Cubao mall on August 13, 2019. 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. 
According to Ma. Jiandra Bianca F. Deslate, Underbar Associate, DivinaLaw, the
House Bill No. 4982 or “An Act Prohibiti ng Discriminati on on the Basis of Sexual
Orientati on or Gender Identi ty or Expression and Providing Penalti es Therefor”,
preferably known as SOGIE Bill, is an Anti -Discriminati on Bill that was fi rst proposed to
the congress back in 2000 by the late Senator Miriam Defensor-Santi ago and Ett a Rosales,
who was a former Akbayan party-list Representati ve. In present ti me during the 17th
congress, the bill was recently passed on the 3rd and fi nal reading 19 years later. The
fi ght for equality for the LGBTQ+ has been an ongoing struggle for the past two decades.
Compared to other countries, our nati on has always had a relati vely friendlier approach
towards the community and its members. Despite that fact, many of them sti ll face an
unfathomable level of discriminati on, prejudice, and would even go as far as experiencing
assault and harassment from other people. Majority of the people who commit these acts
are oft en left unpunished which is why mere respect is not enough, their rights should be
insti tuti onalized and bound by law.
However, many conti nue to questi on the signifi cance of implementi ng this bill. For
instance, legislators such as Tito Sott o and Manny Pacquiao have always stood their
oppositi on against the bill stati ng it as a violati on from the people’s freedom of religion
as a reason why it should not be passed. On another hand, many claims that it is no
longer necessary since there are already present laws, such as the Anti -Sexual
Harassment Act of 1995, that supposedly ensure that the rights of the citi zens are
safeguarded from discriminati on. But the real questi on is, are their rights really being
protected? People fail to realize that this bill would not have been proposed had the
rights of the LGBTQ+ been respected in the fi rst place. The SOGIE Bill aims to eliminate
discriminati on and promote equality not just for its members, but also the whole citi zens’
rights.

Granting the LGBTQ+ their rights should not be seen as a privilege but rather a measure that
should have been supported from the beginning in the name of human rights. Its implementation does
not seek to make one gender more superior from another because the bill is first and foremost an Anti-
Discrimination bill that is only intended to ensure that the diverse members of the community will be
protected with their rights respected and recognized by law. It is selfish to assume that implementing
this bill will only grant these people “special treatment”. There is no denying that this gives them a
certain special protection, but should that mean that it’s unfair?
Many people tend to misinterpret the purpose of implementing this bill stating various
falsifications such as implementing same sex marriage, penalizing people who practice the freedom of
religion, dictating churches of their teachings, allowing the change of gender in birth certificates, and
violating the rights of the straight people. Because of the misinformation that continues to spread, many
questions the significance of this at all. It is important to remember that the SOGIE Bill is meant 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.
In connection to utilitarianism, equality and freedom from discrimination are fundamental
human rights that belong to everyone, regardless of their sexual orientation, gender identity or sex
characteristics. However, lesbian, gay, bisexual, trans and intersex people in the Philippines can
experience shocking levels of violence, harassment and discrimination. This includes extra-judicial killing,
torture, rape, arbitrary detention, unfair trials and, in the case of women, forced pregnancy and forced
marriage. They face exclusion and discrimination in relation to work, education and accessing health and
housing services. People who are gender diverse can also face barriers getting legal recognition of their
sex in official documents and government records. It is important to understand that the Human Rights
Act does not protect you from discrimination in all areas of your life.
The enjoyment of the rights and freedoms set forth and the Human Rights Act shall be secured
without discrimination on any ground such as sex, race, colour, language, religion, political or other
opinion, national or social origin, association with a national minority, property, birth or other status. If
you suppose that SOGIE equality bill is an infringement on religious liberties, parental authority, and will
undercut freedom of the cis gender– then you are probably one of those social media addicts who
believe that one Facebook cryptic post, which claimed that SOGIE Bill is discriminatory.
Now is not the time to be ignorant about the problems and challenges these people face.
Granting them their rights does not mean we do not acknowledge that non -LGBTQ+ members also face
discrimination, but let us not turn a blind eye to the severity of the hate crimes and harassment the
LGBTQ+ members experience just because of their identity. The reality is, without this bill, people will
continue to be violated and every bad deed is left unpunished. Is this really the type of world we want
our future to be? A world where people are victimized simply for being who they are. Does their sexual
preference make them any less of a human?