Professional Documents
Culture Documents
The State
State recognizes
recognizes the
the fundamental
fundamental right
right of
of every
every person
person
regardless
regardless of
of sex,
sex, age,
age, class,
class, status,
status, ethnicity,
ethnicity, color,
color, disability,
disability,
religious,
religious, and
and political
political beliefs,
beliefs, sexual
sexual orientation,
orientation, or
or gender
gender
identity
identity or
or expression,
expression, to
to be
be free
free from
from any
any form
form of
of discrimination.
discrimination.
It
It shall
shall therefore
therefore intensify
intensify its
its efforts
efforts to
to fulfill
fulfill its
its duties
duties under
under the
the
Equal
Equal Protection
Protection Clause
Clause and
and the
the Bill
Bill of
of Rights
Rights provisions
provisions of
of the
the
Philippine
Philippine Constitution,
Constitution, and
and international
international and
and domestic
domestic laws
laws to
to
respect,
respect, protect,
protect, and
and fulfill
fulfill the
the rights
rights and
and dignity
dignity of
of every
every
individual.
individual.
(Section
(Section 2
2 of
of SOGIE
SOGIE Equality
Equality Act)
Act)
What is SOGIE?
stands for Sexual Orientation, Gender Identity, Gender Expression
It is more inclusive term, includes not only the LGBT+ but also includes people who are
intersex, non-binary, and non-gender conforming.
We need the SOGIE Equality Act for there is no specific law that protects people from
discrimintion due to their sexuality and gender expression. Discrimination due to one’s
gender expression is deeply connected to discrimination due to to one’s sexuality and vice
versa.
It pushes the State to intensify its efforts to fulfill its duties under the Equal Protection
Clause and the Bill of Rights provisions under the Philippine Constitution, and international
and domestic laws.
What counts as discrimnation under the bill?
Section 4 of the SOGIE Equality Act discusses this.
Denying public service (including military) on the basis of SOGIE
Including SOGIE as a criteria for any human resource movement and action such as
hiring, promotion, transfer, dismissal and determination of employee terms and
conditions such as compensation, access to career development, training, incentives,
benefits and allowances.
Refusing admission and expelling a person from any education training or institution
(public or private) based on their SOGIE.
Giving disciplinary sanctions and penalties harsher than usual on the basis of one’s or
their parent/guardian’s SOGIE.
Refusing or cancelling accreditation, formal recognition, registration or plan to organize
any group, political party, institution, or establishment in any educational institutions,
workplaces, communities and other settings due to the SOGIE of its members or its
target supporters.
Denying or cancelling an application for professional documents (license, clearance,
certification, etc.) due to applicants SOGIE
Denying people access to use of establishments, facilities, utilities and services due to
their SOGIE; also providing inferior (substandard) accommodations is considered a denial
of access.
What counts as discrimnation under the bill?
Section 4 of the SOGIE Equality Act discusses this.
Forcing any person to take any medical, psychological examination to determine and/or
change their SOGIE without their expressed consent.
Harm (such as arrest, extortion, physical/verbal/sexual abuse, harassment,coercion,etc.)
done by members of law enforcement institutions based on SOGIE.
Publishing/releasing information to “out” someone’s s sex, sexual orientation or gender
identity without their consent.
Engaging in public speech (shaming, insulting, vilifying) that normalizes practice of
discrimination against the LGBT+.
Harassment in any form (physical assault, stalking, derogatory comments, slurs, lewd
propositions, etc.), through any medium.
Subjecting anyone to gender profiling.
Preventing a child under parental authority to express their SOGIE, rejecting child’s
SOGIE, and child abuse on the basis of SOGIE.
Committing related acts which have the purpose and effect of removing the enjoyment
and recognition of a person's rights and freedom.
How does the bill intend to ensure that measures and actions be
taken when the mentioned discriminatory acts are committed?
Section 6 of the bill states that if a government official refuses to investigate, prosecute, or
act on a complaint and delay performance of duty without a valid reason will be considered
gross negligence and will be given the appropriate penalty under civil service laws.
What are the penalties given to someone who violates the act?
Fine: Php 100, 000 - 500, 000
Imprisonment: not less than 1 year, not more than 6 years
Possibility of community service
Other provisions of the bill
Inclusion of SOGIE related concerns in all police stations and activities; the Women and
Children’s desk shall be renamed Women, Children, and Gender Rights Protection Desk.
The Commission on Human Rights shall document all cases on discrimination on the basis
of SOGIE, and shall include their findings in its annual human rights report.
The government will establish programs that aim to remove stigma and discrimination in
society.
The LGBT+ Community must be empowered through a positive portrayal in media, to
counteract existing stereotypes and misconceptions that lead to discrimination.
Incentives and rewards will be given to programs that defend and contribute to the
empowerment of the LGBT+ community.
Creation of SOGIE EQUALITY Committee to ensure that public institutions follow the
provisions of the act.
2000
Bill failed to pass in the 14th Congress, only
2007-2010
Bill failed to pass in the 14th Congress, only
2010-2016
Senate version was first filed
198-0 vote.
in Philippine History.
May 2019
Sources
1. "After 17 years, LGBT anti-discrimination bill up for Senate ... - Rappler." 21 Dec. 2016, https://www.rappler.com/nation/156139-lgbt-
https://www.cnnphilippines.com/news/2019/6/4/Anti-discrimination-bill-SOGIE-equality-bill-Senate.html?fbclid=IwAR2CrPhX4aaAr-
3. "Equality Bill Rally: 'Hindi lang naman LGBT people ang may SOGIE ...." 20 Mar. 2018,
4. "House OKs SOGIE Equality Bill on final reading | News | GMA News ...." 20 Sep. 2017,
2019.
5. "SOGIE Equality Bill might start from scratch 19 years ... - ABS-CBN News." 9 Mar. 2019, https://news.abs-
2019.