Coalition of Christians for Change Finalized their

Position Statement Against the Anti-SOGI Discrimination Bill

An anti-discrimination bill was filed by law makers supporting the Lesbian Gay Bisexual and Transgender
(LGBT) communities in the Philippines last January 2014. The proposed law is known as the Anti-Sexual
Orientation and Gender Identity (Anti-SOGI) Discrimination Bill.

At the House of Representatives, the bill which specifically addresses discrimination based on Sexual
Orientation and Gender Identity (SOGI) is being tackled by the House Committee on Women and Gender
Equality led by the Honorable Angelica M. Amante-Matba. The recent version was filed by Representatives
Kaka Bag-ao, Teddy Baguilat, Leni Robredo, Sharon Garin, Mercedes Alvares, and Jorge Banal, and it penalises
discrimination based on actual or perceived ethnicity, race, religion or belief, sex, gender, sexual orientation,
gender identity, gender expression, civil status, disability, HIV status, and other status (See attached copy of
the bill).1

Religious conservatives from the Catholics, Evangelicals, and Fundamentalists groups issued their position
statements opposing the proposed bill claiming that such law is not needed because all forms of
discrimination against all types of person are already sufficiently covered by existing laws in the Philippines.
Moreover, spokespersons from the Catholic Bishops Conference of the Philippines (CBCP), Couples for Christ
(CFC), Philippine Council of Evangelical Churches (PCEC), Christ Commission Fellowship (CCF), Intercessors for
the Philippines (IFP), International Graduate School of Leadership (IGSL), Philippine Association of Christian
Counsellors (PACC), and other concerned religious groups led by Dr. Tom Roxas, Rev. Peter Tanchi, and Bishop
Reuben Avante have attended the committee hearings and expressed their concern about the possible
infringement of the freedom of religious institutions in enforcing their beliefs and convictions about
homosexuality. Religious groups also suspect that the said bill may possibly lead to the passing of other laws
supportive of the LGBT cause such as the same-sex marriage law.

Lately, one group of concerned believers formed an umbrella organization known as the Coalition of Christians
for Change (CCC), an advocacy group that aims to campaign against the Anti-SOGI Bill. While the said coalition
condemns all forms of discrimination and violence against the LGBT people, the CCC group believes that the
proposed  bill  is  not  needed  because  the  Philippines  is  a  “gay-friendly”  nation.    There  is  no  critical  mass  of  
documented discrimination against LGBT persons in the Philippines that would require the passing of another
law against discrimination. Moreover, they claim that the Anti-SOGI Bill is shaped by pressures from the
international community which may be in conflict with Philippine laws, values, and culture.2

On October 2014, the Coalition of Christians for Change position statement was finalized at the premises of
the International Graduates School of Leadership (IGSL) in Quezon City spearheaded by Obed Dela Cruz and
other volunteers (See attached copy of the position paper).

1
House Committee on Women and Gender Equality http://www.congress.gov.ph/committees/search.php?id=A504&pg=bills
2
Coalition of Christians for Change https://www.facebook.com/groups/765720303469657/
 Coalition of Christians for Change
Position Statement Regarding the Anti-SOGI Discrimination Bill
Introduction

We are the Coalition of Christians for Change. We are friends, parents, students, advocates, educators, community
workers, professionals, clergy, and concerned individuals who are in one way or another touched and affected by the
issue of gender discrimination.

We stand against all forms of hatred, bigotry and violence against all people for the reasons of race, national origin,
religion, color, creed, sex, marital status or sexual orientation.

We acknowledge and repent for all the unloving ways we have hurt, discriminated, hated, insulted, and alienated
individuals and groups because of their gender identity and sexual preference. We have been more concerned with
upholding our religious truths rather than relating in love.

We recognize the pain expressed in the stories of those who self-identify as belonging to the Lesbian, Gay, Bisexual,
Transgender (LGBT) group. We stand with them and with every individual who has experienced abuse, discrimination,
marginalization, harassment, and bullying. We uphold the inherent dignity that must be afforded every human person
and categorically renounce such abusive and discriminatory actions.

In this paper, we maintain that recognizing the plight of individuals and particular groups does not necessarily mean to
affirm their ways in addressing their plight. We want to provide compelling arguments against the proposed Anti -
Sexual Orientation & Gender Identity (SOGI) Discrimination Bill as well as put forward more realistic and constructive
alternatives to the issue of abuse,  marginalization,  harassment,  and  bullying  particularly  bearing  the  LGBT  group’s  
concerns in mind.

I. The Anti-SOGI Discrimination Bill is not needed because existing Philippine laws against discrimination
apply to everyone regardless of sexual orientation or gender identity.
In  the  Philippines,  there  are  sufficient  civil,  administrative,  criminal,  and  political  laws  recognizing  “equal  
protection  rights”  that  can  be  invoked  by  anyone  including  persons  who  self-identifies as part of the LBGT group.3
Our existing laws prove that concerns raised by the proposed Anti-SOGI Discrimination Bill are already sufficiently
covered rendering any new laws to be unnecessary and runs the danger of undermining and superseding other
criminal  laws  found  to  be  “inconsistent”  to  the  proposed  bill  (see  Section  8  of  the  Anti-SOGI Discrimination Act).

II. The Anti-SOGI Discrimination Bill is not needed because it cannot fully address the core issues
affecting the LGBT group, i.e. abuse, bullying, discrimination.
It is one thing to say that we have sufficient laws that can be invoked in cases of genuine discrimination. It is
another matter to speak about implementation of such laws. With regards this issue, we propose the following
alternatives:

Rather than passing another bill, the government can strengthen the present structures that address
discrimination.

3
The following is a non-exhaustive sampling of such laws to illustrate this point: (1) The Universal Declaration of Human
Rights; (2) The 1987 Philippine Constitution – e.g. Sec 11 Art 2: The State values the dignity of every human person and guarantees
full respect for human rights; (3) The Labor Code of the Philippines – Art 3: The State shall afford protection to labor, promote
employment, ensure equal work opportunities regardless of sex, race or creed; (4) The Anti-Sexual Harassment Act of 1995; and (5)
The Anti-Bullying Act of 2013.
 Educate against discrimination by putting forward creative and appealing media and social network campaigns
such those utilized in the Anti-Bullying Campaign shown on theatres and television and extensively promoted
on social media such as Facebook, Twitter, etc.
Expand  the  existing  Women’s  &  Children’s  Desk  at  our  police  stations  to  include  the  LGBT  concerns.  The  desk  
shall  then  be  called  “Women,  Children,  &  Gender  Issues Desk”.
There is a need to address the emotional pain behind the stories that prompted the creation of the proposed
bill. We propose and offer sensitive and compassionate pastoral care programs that provide a safe place to
those individuals who are dealing with the LGBT issues.

III. The Anti-SOGI  Discrimination  Bill  is  not  needed  because  the  Philippines  is  a  “gay-friendly”  nation.    
There is no critical mass of documented discrimination against LGBT persons in the Philippines that would require
the passing of another law against discrimination.
We do not deny that cases of discrimination happen in the Philippines, but they are not severe enough to
require another law to address the issue.4
The Philippines has recently been ranked as one of the most gay-friendly nations in the world, and the most
gay-friendly in Asia.5
Philippine society has arrived at a high level of tolerance towards the LGBT community. LGBT related crimes in
the Philippines are relatively minimal compared to other crimes that are of more immediate concern (e.g.
corruption, human trafficking, illegal drugs, etc.). Thus, there is no need for the Anti-SOGI Discrimination bill.

IV. The Anti-SOGI Discrimination Bill is not needed because it may lead to the infringement of the
freedom of any institution with religious inclinations.

We affirm the faith on the Universal Declaration of Human Rights which acknowledges the inherent dignity of
every person regardless of sex, race, religion, and class. We agree on its every article and support the purpose
for which it was written. The authors of the Anti-SOGI Discrimination Bill also claim to be adherent to the said
declaration.
The proposed Anti-SOGI Discrimination bill has ambiguous provisions that could include religious groups /
institutions upholding their beliefs regarding homosexuality, as discriminatory and thus, could be penalized.
This will violate the inherent right of individuals to adhere to and express certain religious standards and
convictions.6
The Anti-SOGI Discrimination Bill, as it infringes on the rights of religious institutions will eventually violate the
“separation  of  church  and  state”  clause  as  mandated  by  the  Philippine  Constitution  (Article  2  section  6).

4
Research shows that the level of discrimination against the LGBT in the Philippines is not as critical and severe compared
to the alarming statistics of abuse and violence against women, children, persons with disabilities, and indigenous people groups.
See “Philippines Human Rights Report” at http://www.ncbuy.com/ reference/country/humanrights.html?code=rp&sec=5.
5
On a global survey covering 39 countries, only 17 of which had majorities accepting homosexuality, the Philippines
ranking as the 10th most gay-friendly. The survey titled  “The  Global  Divide  on  Homosexuality”  conducted  by  the  US-based Pew
Research  Center  showed  that  73  percent  of  adult  Filipinos  agreed  with  the  statement  that  “homosexuality  should  be  accepted  by
society,”  up  by  nine  percentage  points  from  64  percent  in  2002. See the on-line article: "PH ranks among most gay-friendly in the
world | Inquirer Global Nation" at globalnation.inquirer.net; "Asia's most gay-friendly tourist destinations | CNN Travel" at
travel.cnn.com; "The 20 most and least gay-friendly countries in the world | GlobalPost" at globalpost.com. Retrieved 2014-04-06.
6
According to the said bill, even mere perception  may  cause  a  person’s  penalization  and  imprisonment.  The  word  
“discrimination”  was  defined  in  Section  3a  as  “whether  actual  or  perceived.”  Moreover, the  “discriminatory  practices”  listed  in  
Sections 3 & 4 infringes on the freedom of religious organizations & religious schools to implement their policies & standards on
recruiting or rejecting personnel.
V. The Anti-SOGI Discrimination Bill is not needed because it is shaped by pressures from the
international community which may be in conflict with Philippine laws, values, and culture.
Whatever law that has been approved by the West is not necessarily beneficial to our Asian context. Any
international treaties or agreements that run contrary to the laws, values, and culture of the land should be
deemed unfit for our people.

Conclusion

As a Coalition of Christians for Change, we stand against hatred, bigotry and violence against all people for the reasons
of race, national origin, religion, color, creed, sex, marital status or sexual orientation.

We recognize the pain of LGBT people. We join them in their fight against discrimination.

While, we maintain that recognizing the plight of individuals and particular groups does not necessarily mean to affirm
their ways in addressing their plight.

This position paper provided arguments against the proposed Anti-SOGI Discrimination Act:

It is not needed because all forms of discrimination against all types of person are already sufficiently covered by
existing laws in the Philippines.
It is not needed because it cannot fully address the core issues of the LGBT: i.e. abuse, bullying, discrimination.
It  is  not  needed  because  the  Philippines  is  a  “gay-friendly”  nation.    There  is  no  critical  mass  of  documented  
discrimination against LGBT persons in the Philippines that would require the passing of another law against
discrimination.
It is not needed because it may lead to the infringement of the freedom of any institution with religious
inclinations.
It is not needed because it is shaped by pressures from the international community which may be in conflict
with Philippine laws, values, and culture.

We believe that Jesus Christ hates all forms of discrimination, but He loves the marginalized, the poor, and the
oppressed. While Filipinos may differ in our perspectives about the LGBT issues, we are one in loving this land. May we
as a nation work together towards a society that is just and wise, yet accepting and compassionate.
May God bless the Philippines!

Coalition of Christians for Change

Quezon City, Philippines
October 30, 2014
 Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Sixteenth Congress
Second Regular Session

HOUSE BILL NO. ______

(In Substitution of House Bill Nos. 110, 342, 1230, 1842, 2571 and 2572)

Introduced by Representatives Kaka J. Bag-ao, Sol Aragones, Lani Mercado-Revilla, Neri J. Colmenares. Carlos
Isagani T. Zarate, Mercedes K. Alvarez, Monique Yasmin Q. Lagdameo, Elisa T. Kho, Delphine G. Lee, Catalina
Leonen-Pizarro, Lorna Q. Velasco, Jim Hataman-Salaliman, Ibarra M. Gutierrez III, Rosenda Ann M. Ocampo,
Angelina Tan, Luzviminda C. Ilagan, Estrellita B. Suansing, Rosemarie J. Arenas, Leah S. Paquiz

AN ACT
PROHIBITING DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION OR GENDER IDENTITY (SOGI),
PROVIDING PENALTIES THEREFOR AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Title.  This  Act  shall  be  known  and  cited  as  the  “Anti  SOGI  Discrimination  Act."

SECTION 2. Declaration of policy. The State recognizes the fundamental right of every person, regardless of

sex, age, class, status, ethnicity, color, disability, religious and political beliefs, sexual orientation and gender identity, to

be free from any form of discrimination. It shall therefore intensify its efforts to fulfill its duties under international and

domestic laws to respect, protect and fulfill the rights and dignity of every individual.

Towards this end, the State shall exert efforts to address all forms of discrimination and violence on the basis of

sexual orientation and gender identity for the promotion of inherent human dignity as enshrined in the United Nations

Universal Declaration on Human Rights, the Convention on the Elimination of All Forms of Discrimination Against

Women particularly the General Recommendation No. 28 on Non-discrimination Based on Sexual Orientation and

Gender Identity, Convention on the Rights of the Child, International Covenant on Civil and Political Rights, International

Covenant on Economic, Social and Cultural Rights and all other relevant and universally accepted human rights

instruments and other international conventions to which the Philippines is a signatory of.
 SECTION 3. Definition   of   Terms.For purposes of this Act, the following terms shall be   defined   as  

follows:

a. “Discrimination”   shall   be   understood   to   imply   any   distinction,   exclusion,   restriction,   or  

preference which is based on any ground such as sex, sexual orientation, gender identity,

whether actual or perceived, and which has the purpose or effect of nullifying or impairing the

recognition, access to, enjoyment, or exercise by all persons of an equal footing of all rights

and freedoms.

b. “Gender   Identity”   refers   to   the   personal   sense   of   identity  as   characterized,   among   others,   by  

manners of clothing, inclinations, and behavior in relation to masculine or feminine

conventions. A person may have a male or female identity with the physiological characteristics

of the opposite sex.

c. “Sexual  Orientation”  refers  to  the  direction  of  emotional  sexual  attraction  or  conduct.  This  can  

be towards people of the same sex (homosexual orientation) or towards people of both sexes

(bisexual orientation) or towards people of the opposite sex (heterosexual orientation).

SECTION 4. Discriminatory practices. It shall be unlawful for any person, natural or juridical, to:

(a) Include sexual orientation or gender identity, as well as the disclosure of sexual orientation, in

the criteria for hiring, promotion, transfer, designation, work assignment, re-assignment, dismissal of

workers, and other human resource movement and action, performance review and in the determination of

employee compensation, career development opportunities, training, and other learning and development

interventions,  incentives,  privileges,  benefits  or  allowances,  and  other  terms  and  conditions  of  employment;

Provided that, this provision shall apply to employment in both the private sector and public service, including

military, police and other similar services.

This prohibition, on the basis of sexual orientation and gender identity, shall also include the

contracting and engaging of services of juridical persons.

 (b) Refuse admission or expel a person from any educational or training institution on the basis of

sexual orientation or gender identity, without prejudice to the right of educational and training institutions to

determine  the  academic  qualifications  of  their  students  or  trainees;  

Impose disciplinary sanctions, penalties harsher than customary or similar punishments,

requirements, restrictions, or prohibitions that infringe on the rights of the students on the basis of sexual

orientation or gender identity;

This provision extends to acts committed against a student or trainee to discriminate his or her

parents or legal guardian based on sexual orientation or gender identity;

c) Refuse or revoke the accreditation, formal recognition, and / or registration of any

organization, group, political party, institution or establishment, in educational institutions, workplaces,

communities, and other settings, solely on the basis of the sexual orientation or gender identity of their

members or of their target constituencies;

This prohibition shall also include the prevention of and prohibitions on attempts to organize;

(d) Deny a person access to public or private medical and other health services open to the general

public on the basis of such person's sexual orientation or gender identity;

(e) Deny an application for or revoke a professional or other kind of license, clearance certification

or any other document issued by the government due to the applicant's sexual orientation or gender identity;

(f) Deny 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; There is a denial

when a person is given inferior accommodations or services;

This prohibition includes the discrimination of juridical persons solely on the basis of the sexual

orientation or gender identity of their members or of their target constituencies;

(g) Subject or force any person to any medical or psychological examination to determine and/or

alter the person's sexual orientation or gender identity without the expressed approval of the person

involved, except in cases where the person involved is a minor under the age of discernment in which case
prior approval of the appropriate Family Court shall be required. In the latter case, the child shall be

represented in the proceedings by the Solicitor General or the latter's authorized representative; and

(h) Harassment by members of institutions involved in the enforcement of law and the protection

of rights of any person on the basis of his or her sexual orientation or gender identity. Among other cases,

harassment occurs when a person is arrested or otherwise placed in the custody and extortion, physical or

verbal abuse takes place, regardless of whether such arrest has legal or factual basis. Harassment of juridical

persons on the basis of the sexual orientation or gender identity of their members, stockholders, benefactors,

clients, or patrons is likewise covered by this provision;

SECTION. 5. Administrative Sanctions.   Refusal   of  a   government     official   whose   duty  is  to   investigate,  

prosecute or otherwise act on a complaint for a violation of this Act to perform such a duty without a valid

ground  shall  constitute  gross  negligence  on  the  part  of  such  official.  

SECTION. 6. Penalties. Any person who commits any discriminatory practice, as mentioned in Section

4, shall upon conviction, be penalized by imprisonment of (RRB-1)not less than one (1) month but not more

than six (6) months, or a fine of not less than ten thousand pesos (p10,000) nor more than twenty thousand

pesos (p20,000), or both such fine and imprisonment (Bag-ao -2) a fine of not less than P100,000 but not

more than P500,000 or imprisonment of not less than one (1) year but not more than six (6) years, at the

discretion of the court. In addition, community service in terms of human rights education to the perpetrator

and exposure to the plight of the victims can be imposed at the discretion of the court.

If a graver offense is committed motivated by bias, prejudice, or hate based on SOGI, such shall be

meted corresponding maximum penalties depending on the severity of the offenses.

Any action arising from the violation of the provisions of this Act shall prescribe in three (3) years.

Nothing in this Act shall preclude the victim from instituting a separate and independent action for

damages and other affirmative reliefs.

The penalties provided under this Section shall be without prejudice to administrative liability for

government officials and employees.

 SECTION. 7. Inclusion of SOGI concerns in All Police Stations.    The  Women  and  Children’s  Desks  now  

existing in all police stations, shall also act on and attend to complaints/cases covered by this Act. In this

regard, police handling said desks shall undergo appropriate trainings with human rights-based approach to

include among others gender sensitivity and awareness in proper terminology, dynamics of LGBT relationships

and hate crime investigations.

Complainant-minors can be represented by parents, guardians or a non-government organization of

good standing and reputation.

SECTION 8. Separability Clause. If any provision of this Act is declared unconstitutional or otherwise

invalid, the validity of the other provisions shall not be affected thereby.

SECTION. 9 . Repealing Clause.All laws, decrees, orders, rules and regulations or parts thereof

inconsistent  with  this  Act  are  hereby  repealed  or  modified  accordingly.

SECTION. 10. Effectivity.This   Act   shall  take   effect   fifteen   (15)   days   after  its   publication   in  the   Official  

Gazette or in at least two (2) newspapers of general circulation.