Does The Philippines Really Need The SOGIE Bill?

BY MIKAELA ZULUETA -SEPTEMBER 1, 2019

The Sexual Orientation, Gender Identity and Expression (SOGIE) Equality bill is a piece of legislation which aims to
protect members of the LGBTQ+ community from different forms of discrimination enacted against them. While it
actually passed in the lower house of Congress in the previous session it was blocked by certain senators in the upper
house. These senators were namely Manny Pacquiao, Joel Villanueva, and Senate President Vicente “Tito” Sotto III.

Now, the Gretchen Diez incident has renewed calls for its passage. Diez, a transgender woman, was barred from using the
women’s public restroom in a mall. The violent handling of her situation incited outrage from the public and renewed
discussions on the SOGIE bill. Senator Risa Hontiveros has already declared her plans to bring it up in senate once again.

But what exactly does the SOGIE Bill entail? Simply put, they afford protections on the basis of an individual’s sexual
orientation and gender identity. It seeks to disallow things such as including gender identity in the criteria for hiring,
promotions, and the like. Denying access to public service and imposing harsher sanctions than customary due to a
person’s SOGIE will also be sanctioned. A full list of the discriminations the bill safeguards the LGBTQ+ community
from can be seen below:

1. Post information to “out: the sexual orientation of person w/o their consent
2. Including sexual orientation in the criteria for hiring, designation of workers.
3. Discrimination, refusing admission or expelling a person from any school on the basis of SOGIE
4. Imposition of harsher penalties than customary on students on the basis of SOGIE
5. Physical harassment, coercion or threats on juridical person on the basis of SOGIE
6. Denial of public or private medical services on the basis of SOGIE
7. Denial of access to establishments or services
8. Denial of application for or revoke any government license
9. Denying access to public services to any person
10. Analogous acts that will have an effect on nullifying the exercise of a person’s human rights
11. Forcing person to undertake medical or psychological examination to determine or alter one’s SOGIE
12. Promotion of stigma on the basis of SOGIE in the media, textbooks, and other medium

Given that the SOGIE Bill simply establishes these protections, why is it so controversial?

One concern is that the bill is seen as conferring special treatment or “special rights” to the LGBTQ+ community. Many
question why the basic provisions that uphold human dignity and facilitate protections for all are not enough. CIBAC
party-list Representative Brother Eddie Villanueva went so far as to claim it would disadvantage other members of
society.

“[The SOGIE Equality Bill] will not promote equality but will, instead, unduly give ‘special’ rights to some members of
our society at the expense of the rights of the other members and to the detriment of the social order in our
community,” He stated.

However, it is important to remember that the discrimination which members of the LGBTQ+ face are of a higher and
more intense degree than non-LGBTQ+ individuals. It is precisely because of this that additional protections for them
become essential. Just as the Magna Carta for Women exists due to society’s acknowledgment that women have always
been and continue to be less privileged than men, so should the SOGIE bill.

Yes, the protections the bill affords may be considered ‘special’ but that does not make them unfair. It is special because it
is necessary. Non-LGBTQ+ members simply don’t face the same harassment, discrimination, and hate crimes that the
LGBTQ+ do for their identities.

Another contention from the people is that it impedes religious freedoms. There is a fear that the speech of preachers,
priests, and the like will be controlled as the bill penalizes speech which is discriminatory against the LGBTQ+.

“What happens to a Christian like me, and to the majority of the people in this chamber, if we are to be threatened by
punishment every time we share our Bible-based beliefs on matters of transgenders and homosexuals?” Villanueva
questioned.

Religious institutions need not worry as long as their beliefs and actions are not discriminatory. A preacher should be able
to express his views on sexuality without making inflammatory remarks against a person’s SOGIE. It would only be an
issue if these sermons are aggressive enough to amount to hate speech.

Religious freedom pertains to the ability of people to practice their faith and beliefs but only to the extent that it does not
impede on anyone else’s freedoms. Meaning to say, religious freedom can be trumped if it is directly harming the rights of
any individual. Since discriminating against a person on the basis of their SOGIE is not intrinsic to any religion, there is
no real reason for it to be justified.
What then is our reality without the SOGIE bill? It is incidents like transgender individuals being violently treated for
going into the “wrong” bathroom. It is LGBTQ+ individuals being denied employment because of who they are. It is
barring members of the LGBTQ+ from dining in a restaurant or buying a product. It is unactionable discrimination that
they will have to put up with for the rest of their lives.

Sure, the basic protections for any average individual exist but how do you address intent then? Not affording these
protections makes these actions permissible. It sends the message that discrimination based on a person’s SOGIE is
acceptable.

RESTROOM ISSUE

When asked about transgenders using the restroom of the gender they identify with, Reyes echoed the sentiments of singer
Jake Zyrus.

It can be recalled that Jake Zyrus said he still uses the female toilet despite being a trans man, arguing that people should
not push their beliefs on others.

 'I simply follow the law': Jake Zyrus feels no need to use a male CR

Like Zyrus, Reyes maintained that those who were born with a penis – even if they identify as a woman – should go to the
male restroom, and vice versa.

“Nirerespeto kita bilang tao, nirerespeto kita bilang bading, pero lumugar tayo,” he said.

“Kung ikaw, babaeng-babae ka, 'di ka mabubuking [na trans ka], e di lumusot ka, di ba? Kung makakalusot ka. Eh kung
'di ka makakalusot, problema mo [‘yan].”

Reyes went on to take things a step further, saying that LGBTs should stop forcing themselves into competitions and
establishments that are only made for men or women because they already have their own.

“Meron naman tayong gay community. Bakit kailangan nating pumunta ng mga beauty pageant na kung ano-ano eh may
gay pageant naman tayo? Bakit tayo magpupunta sa mga bar at ipagpipilitan mong girl ka, eh may mga bar naman para sa
mga bading, di ba? Doon ka sa lugar natin! Huwag mong ipagsaksakan ‘yung sarili mo sa hindi ka naman matatanggap,”
he said.

SOGIE BILL, SAME-SEX MARRIAGE

Meanwhile, Reyes said he does not see the need for the passage of the SOGIE (Sexual Orientation and Gender Identity or
Expression) bill, noting that LGBTs are generally accepted in the Philippines.

“Let it be na lang,” he said, when asked by a reporter if he thinks the push for the SOGIE bill is “exaggerated.”

“Basta ang bakla ay bakla,” he stressed. “Ang bakla, gilingin mo man ‘yan, ang labas niyan baklang hamburger.”

The veteran hairdresser also explained why he does not believe in same-sex marriage, saying that LGBTs like him can be
in long-term relationships without shaking up the teachings of the Catholic Church.

“Ang kasal ay para lamang sa lalaki at sa babae,” he stressed. “Mayroong kasabihan sa Catholicism na sacrilege,
pambabastos sa relihiyon. Huwag na.”

“Kung gusto niyo ng union eh 'di mag-union kayo. Bakit ako, I’m in a relationship for 40-plus years pero we don’t go out
of our way to say kailangan naming magpakasal? No more,” he went on.

“You never rock the boat that is not broken. Kapag maayos siya, go lang, di ba? Bakit kailangang ipagsaksakan eh hindi
naman magulo? Pinagugulo niyo lang ang mundo.”

For Reyes, any couple – LGBT or not, married or otherwise – can be in a happy relationship and raise good children as
long as they love each other.

“We never talked to our children about our relationship. We never talked to our children regarding who they are or what
they are. What we give them is love,” he said.

“Ang mga bata, adopted mo man ‘yan or tunay na anak ‘yan, magrerebelde ang bata kapag walang nakikitang
pagmamahal sa loob ng bahay. Kapag ang bahay ay punong-puno ng pagmamahal at respeto, hindi ‘yan pupunta sa labas
at magtatanong ng, ‘Bakit ganyan, bakit ganun?’” he ended.

PNP chief says 'no need' for SOGIE Equality Bill

MANILA - The country's top cop on Tuesday said there was "no need" for a measure seeking to protect members of the
LGBT community from discrimination.
Philippine National Police chief Director Oscar Albayalde said the Constitution "provides ample protection for everyone
already."

"There’s no need actually kasi (because) we are already protected by the Constitution and by all laws of the land equally,"
he told reporters.

"Ang sa'kin lang pong take d'yan (My take is), we cannot make laws that are tailor-fit to a certain group lang (only). Let
us not make laws just to satisfy a certain person, individual or group. Otherwise everybody will have their own laws."

Albayalde cited Sen. Nancy Binay, who called for a more “universal” anti-discrimination bill.

 Not just 'SOGIE': Bullied for her skin, Binay seeks 'universal' anti-discrimination bill

"Sa ngayon (Right now), we (PNP) really cannot wisdom on crafting a law just for that purpose alone. I don’t think
kailangan pa natin ang ganiyang batas (we need that law) just for that purpose alone and for those people alone," he said.

"Otherwise, pwede rin sana ako. Paano kung yung mga walang buhok dapat eh 'di ka dini-discriminate 'di ba? Eh 'di
gagawa din sana ng batas ng ganun."

The SOGIE Equality Bill recently became a hot-button issue after transgender woman Gretchen Diez was arrested
following an altercation with a mall personnel for using a woman’s restroom.

The proposed measure has deepened divisions among various sectors in the predominantly Catholic Philippines.

President Rodrigo Duterte has expressed support for the bill’s passage.

Man who used to identify as transgender doubts SOGIE promotes equality

Angelo Andrade, ABS-CBN News

Posted at Sep 12 2019 10:28 PM

CAGAYAN DE ORO CITY—A pioneer in the transgender movement in the country who later reverted to his birth gender
is reluctant to support the Sexual Orientation and Gender Identity or Expression (SOGIE) bill, calling it "unnecessary."

Gavino Santiago Jr., founder of LGBT in Christ Philippines Inc., on Thursday said he believes the bill does not guarantee
protection against discrimination in general.

"Ang SOGIE bill ay hindi naman necessarily nagbibigay ng protection on all angles, basically it protects LGBT alone so
nasasagasaan 'yung iba," Santiago said. "It's not equal talaga."

(The SOGIE bill does not necessarily give protection on all angles, because it protects the LGBT sector alone, not others.
It's not really for equality.)

Santiago underwent sexual reassignment when she was 24 in 1986, a time when such a decision was uncommon among
Filipinos.

He later married a British man, but eventually chose to live as a man again. He became a pastor in 2014.

As a person who used to identify as a transgender, Santiago said he too had felt humiliation while using the female
restroom. He went back to using male restrooms but, because of his sex-change surgery, he couldn't use the urinal.

He suggested giving identification cards for transgenders so they would be allowed to use restrooms reserved for persons
with disabilities (PWD).

"I think we should be more kind to people like us, so I suggest nga na magkaroon ng ID ang katulad ko na hindi naman
talaga puwede gumamit ng urinal. Just an ID na puwede gumamit ng PWD, that's it," said Gavino.

(I think we should be more kind to people like us so I suggest that people like me who can't use urinals should be given
IDs. Just an ID that would allow us to use PWD restrooms, that's it.)

"Walang dapat gawin pa for CR purposes lang."

(There should be no more actions for CR purposes.)

The bill, which seeks to protect members of the LGBT community from discrimination, was first proposed in 2017 and
has been a hot topic after a transgender woman was briefly detained for trying to use a women's restroom in a mall in
Quezon City.

 Trans woman detained after being harassed for using ladies' toilet in QC mall

Despite opposition to the SOGIE bill, Santiago said he would support a bill against all forms of discrimination in the
country.
Malacañang said Wednesday that President Rodrigo Duterte would support an anti-discrimination bill, not the SOGIE
proposal as the chief executive himself had said.

Private schools’ group rejects SOGIE, tells supporters to ‘put up your own school’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 congressmen 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, bisexual, 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 Rosales. 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 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.

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+ community 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 forcing 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 station 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 resistance 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 passage. 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.

Published September 16, 2019, 1:07 PM

By Merlina Hernando-Malipot

A federation of private schools strongly opposed the sexual orientation, gender identity, and expression (SOGIE) Equality
Bill and urged those who support it to “put up a school of their own.”

The Federation of Associations of Private Schools & Administrators (FAPSA) said that those pushing for the passage of
the SOGIE bill “have gone overboard with their “demands.”

FAPSA President Eleazardo Kasilag

(FAPSA Facebook group / MANILA BULLETIN)

Should this continue, the group said that a separate school should be put up for them so as to avoid confusion among other
learners and other members of the learning institutions.

“They have gone overboard,” said FAPSA President Eleazardo Kasilag – pertaining to the members of the lesbian, gay,
bisexual, transgender and queer (LGBTQ) community calling for the passage of the SOGIE bill, as well as those who are
supporting it.

“They need to put up a school of their own,” he added.

FAPSA, which caters to issues on the operation of private schools as well as concerns on school management, said that its
member schools also expressed reservations accepting students on the basis of SOGIE. “

We do not even know how to call them? SOGIE creature? Heaven sent? Normal alien or just SOGIE kid?” Kasilag asked.
“How do we answer toddlers, ‘where they came from if they are not he or she’,” he lamented.

Private schools, Kasilag said, supports diversity of learners. “We accommodate Muslims and other faiths, being non-
sectarian schools, most of us, but to accept new enrollees who shall demand our schools’ vision, mission and objectives
radically changed just to welcome them, they better put up a school of their own,” he noted.

“We do not want to change our school vision, our objectives or adjust our understanding our morals,” he stressed.

Despite this, Kasilag clarified that FAPSA “has no quarrel” with the LGBTQ since some of the FAPSA officers and
teachers belong to the LGBTQ community. “[Some of them are] gay and lesbians and they are well-respected but this
SOGIE [bill] is bending us over too far,” he stressed.

Kasilag also noted that private schools under FAPSA “do not have any plan to construct gender-neutral toilet” because
“we do not have budget for that.” He then asked how the public schools under the Department of Education (DepEd)
would adjust to the proposal. “I also wonder how the public schools, which do not have enough toilets, can cope with this
demand,” he added.

Tilting the equilibrium

For FAPSA, the passage of the SOGIE bill shall “tilt the equilibrium when policies change to accommodate them” –
noting that the school manual and regulations are not something that can be altered and influenced easily.
The SOGIE Equality bill is a piece of legislation which aims to “protect” members of the LGBTQ community from
different forms of “discrimination enacted against them.” However, FAPSA argued that “most of the jokes and shaming
usually come from these individuals, it is their nature, but they cannot be disciplined?”

FAPSA also expressed reservations on the on other items in SOGIE bill such as subjecting any person to gender profiling;
undertaking psychological examination; and on publishing information – among others.

Sotto: A man will never become a woman

By: Maila Ager - Reporter / @MAgerINQ

INQUIRER.net / 03:41 PM September 04, 2019

MANILA, Philippines— “If you are a man, you will never be a woman no matter what you do.”

Senate President Vicente “Tito” Sotto III did not mince words when he made this remark on Wednesday about the Sexual
Orientation and Gender Identity and Expression (SOGIE) Equality bill.

“Because you cannot reproduce, you cannot give birth, you do not have ovaries. You will never be a woman,” he went on.

Incidentally, the bill was being deliberated by the Senate committee on women while the Senate leader was being
interviewed.

He said the bill might be approved in the committee but its chance of passing in the plenary was “very doubtful.”

“Maraming kontra as it is e. The way it’s written now, maraming kontra,” he said.

Many of his colleagues, he said, are more supportive of the anti-discrimination bill being pushed by Senator Sonny Angara.

Unlike the SOGIE bill, Angara’s measure will penalize all kinds of discrimination, and not only based on gender.

Asked if the SOGIE bill is class legislation, Sotto answered, “Yes, definitely. It is class legislation.”

“To me, this SOGIE bill is a bill against women’s rights. It is giving transgender rights so it is a class legislation,” he said.

SOGIE: Hard questions over bill vs gender-based discrimination

MANILA -- A bill seeking to eliminate gender-related discrimination has raised tough questions from conservative
legislators worried that it may inadvertently infringe on the rights of others in the Philippines.

Senators have begun committee debates on the proposal to penalize discrimination based on one’s Sexual Orientation and
Gender Identity or Expression (SOGIE), a divisive issue in a predominantly Catholic country where a birth control law
was passed just 6 years ago.

SOGIE supporters were hoping to build on that momentum, despite strong opposition from the likes of Senate President
Vicente Sotto III, who argued that a more encompassing anti-discrimination bill might be a better option.

 Sotto: A man will never be a woman

Sotto was also at the forefront of the campaign against the reproductive health law, and now occupies a greater position of
influence in the upper chamber.

But Sotto will have only 1 vote as any other senator, said Sen. Risa Hontiveros, principal author of a version of the
SOGIE bill, adding it had a “good fighting chance” in the current Congress.

“I don’t consider it a roadblock,” she told ABS-CBN News.

“I know that they have opposing opinions, so I deal with them on that basis,” she said, referring to fellow senators who
had openly expressed misgivings over her bill.

President Rodrigo Duterte on Tuesday said he would certify the SOGIE bill as urgent. But Malacañang later clarified he
was referring to an anti-discrimination measure, not the one specifically for LGBT people.

 Duterte to certify as urgent anti-discrimination bill, not SOGIE: Palace

STIGMA

The proposal is seen as a protection for “individuals and communities that experience human rights violations on the basis
of SOGIE.”
But details of what would constitute “discriminatory practices” must be carefully scrutinized, said Sen. Joel Villanueva,
son of the leader of one of the biggest Christian churches in the Philippines.

His father, evangelist Bro. Eddie Villanueva of the Jesus Is Lord church, sits in the House of Representatives.

 'What happens to Christians like me?' Eddie Villanueva says SOGIE bill 'imperils freedom of religion'

The bill defines “stigma” as the “dynamic devaluation and dehumanization of an individual in the eyes of others.”

Villanueva sought clarification on whether a religious institution’s scripture-based teaching that same-sex relationship is a
sin would constitute a “stigma” for LGBT people.

Or can a Catholic school exclusive to girls be compelled to accept transgender women, a question posed by Sen. Nancy
Binay in a previous hearing?

 Not just 'SOGIE': Bullied for her skin, Binay seeks 'universal' anti-discrimination bill

“Until now, ang hindi naipapaliwanag nang husto, meron bang matatapakan tayong rights, because yung rights not to be
discriminated, given yun e,” Villanueva told ABS-CBN News.

(Until now, it has not been explained fully. Are there rights that will be violated because the right against discrimination is
a given.)

Hontiveros said her bill would not penalize schools run by religious organizations if they opted not to accept transgender
children, consistent with their beliefs.

CAKESHOP CASE

In 2012, a baker in the United State came under fire for refusing to make a wedding cake for a gay couple. The couple
refused to buy elsewhere and sued.

The US Supreme Court later ruled in favor of the cake shop owner, upholding his right to his religious beliefs and free
expression.

 US top court rules for baker in gay wedding cake case

Villanueva said a similar case might arise in the Philippines pitting religious beliefs against anti-discrimination
guarantees, if the SOGIE was passed into law.

“These are very sensitive issues that should be addressed first,” he said.

“It’s sad that there are a lot of attacks—from both sides—without really looking specifically into the provisions of the
bill.”

Hontiveros said her proposal respected religious freedom.

But if the cake shop case happened here, the senator said the owner would have the "legal obligation to practice non-
discrimination," citing the business permit issued by the local government.

"The principle of the bill is he would have to sell the cake," she said.

"If we are able to pass the bill into law and parts of the bill are assailed in court, then let it be."

‘SUPERFICIAL DIFFERENCE’

The bill makes fine distinctions among gender expression, gender identify, and sexual orientation.

In gender identity, an individual may have a “male or female identity with the physiological characteristics of the opposite
sex,” according to the bill.

It defines sexual orientation as the “direction of emotional sexual attraction or conduct.”

Gender expression is the “outward manifestation of the cultural traits that enable a person to identify as male or female,” it
said.

Such definitions are deemed as a “superficial difference,” according to Courage Philippines, a Roman Catholic group
“providing spiritual support for men and women with same-sex attractions.”

“To classify individuals according to their sexual orientation is unreasonable,” it said.

“Notwithstanding the argument that sexual orientation can be changed, the indicators of gender identity — manners of
clothing, inclinations, and behavior — are also undeniably factors in social science that can change relatively in time.”

FEELINGS

“It’s important to note that it’s very hard, perhaps it’s impossible for us to legislate a measure based on feelings,” said
Villanueva.

“If you say na I feel like I’m a woman but I’m actually a man, and then the next day, I say otherwise, pano yun (what will
happen)?” he added, warning of possible difficulties in implementing a SOGIE law.

The bill, critics warn, may also raise complications in certain sports events if, say, a trans woman sought to compete in the
women’s category.

Hontiveros said she had read online about a trans woman who defeated a woman in a mixed-martial arts bout.

Reports quoted the vanquished fighter as supposedly saying: “I’ve never felt so overpowered ever in my life and I am an
abnormally strong female in my own right.”

Hontiveros said concerns about ensuring fair play in sports could be tackled during deliberations on the SOGIE bill.

“That’s a fair area for discussion and debate,” she said. “We could possibly put safeguards... I believe, the community, the
advocates would also be open to amendments regarding physicality.”

BACKDOOR?

Critics of the bill warned it could essentially allow same-sex unions.

The provision in question will penalize a person who would “deny an application for or revoke, on the basis of SOGIE,
any government license, authority, clearance, permit, certification, or other similar documents necessary to exercise a
profession, business, or any other legitimate calling.”

Rizalito David, executive director of Prolife Philippines, said a same-sex couple could sue an agency for discrimination, if
an application for marriage license was rejected.

"And if you have a Supreme Court that is liberal, mangyayari dyan, judicial legislation, male-legalize ang same-sex
marriage through judicial legislation, not by congressional act," he said.

Hontiveros said the bill would not be a backdoor to legalize same-sex marriage, insisting there was no mention of it.

"You can go through the SOGIE bill with a fine-tooth comb," she said.

"Although it was superfluous, we were willing to put in a specific provision that this does not cover marriage licenses."

Trans woman Gretchen Diez positive about passage of SOGIE Bill

RG Cruz, ABS-CBN News

Posted at Aug 21 2019 05:56 PM

MANILA – Transgender woman Gretchen Diez is positive about the chances of the passage of the Sexual Orientation and
Gender Identity and Expression (SOGIE) Equality Bill following her meeting with President Rodrigo Duterte recently.

Diez said the President gave assurances that he supports equality and the SOGIE Bill.

 Duterte backs passage of SOGIE bill

Diez, 28, said the President appeared to be healthy, buzzed on the cheek all the LGBTs who were with her, and even spent
light moments.

She said that having a third washroom for LGBTs adds more discrimination. However, she recognizes that some LGBTs
also prefer to have a third washroom.

 'We will never be silenced': Trans woman Gretchen Diez urges LGBTQ+ to speak now

Diez also debunked the claim that males can dress as women and harass women in the female washrooms, citing that most
cubicles in female washrooms make it difficult to do so.

Sotto: SOGIE bill ‘no chance’ passing in Senate

ABS-CBN News

Posted at Aug 22 2019 03:17 AM

MANILA—Senate President Vicente “Tito” Sotto III on Wednesday said the Sexual Orientation and Gender Identity and
Expression (SOGIE) Equality bill will not pass in the upper chamber.

The bill seeks to protect members of the lesbian, gay, bisexual, transgender and queer (LGBTQ) community from
discrimination.

"Anti-discrimination on persons pwede. Pero focused on gays, which the SOGIE bill is, and religious and academic
freedom impeded plus smuggling of same sex marriage? No chance!" he said in a text message to reporters.

Sotto has previously opposed some provisions of the measure, saying it could lead to the end of religious and academic
freedoms.

The bill was passed unanimously in the House of Representatives in 2017, but its Senate version has languished in the
period of interpellation.

Fate of SOGIE Equality bill up to lawmakers: Panelo

Pia Gutierrez, ABS-CBN News

Posted at Aug 23 2019 04:52 PM

MANILA - The passage of the Sexual Orientation and Gender Identity and Expression (SOGIE) Equality bill will still be
up to lawmakers even as President Duterte has expressed support for the landmark measure, Presidential spokesperson
Salvador Panelo said.

“With respect to any bill, the discretion, the wisdom will always lie in the lawmakers,” Panelo said.

He was responding to Senate President Vicente Sotto III's statement that the bill protecting the rights of the LGBTQ
community stands no chance of passing at the Senate.

 Sotto: SOGIE bill ‘no chance’ passing in Senate

“Still, even if the President supports it, if Congress disagrees, that’s how the so-called balance of power and checks and
balances operate,” he said.

Panelo, however, could not confirm whether the President would certify the bill as urgent following his meeting with
transgender woman Gretchen Diez and other LGBTQ rights advocates in Malacanang last week.

Diez, the trans woman who recently figured in a toilet incident in a Quezon City mall, said Duterte personally assured her
of his support for the anti-discrimination bill.

Diez was detained following a scuffle that ensued when a janitress barred her from using the women's toilet at the mall.
The incident revived debates on the anti-discrimination bill.

SOGIE bill gives 'special rights' to LGBTQ community, Bro. Eddie says
ABS-CBN News

Posted at Aug 29 2019 12:01 AM

MANILA—Several lawmakers linked to religious groups on Wednesday opposed a measure that seeks to protect
members of the lesbian, gay, bisexual, transgender and queer (LGBTQ) community from discrimination.

Jesus Is Lord Movement leader turned CIBAC party-list Rep. Eddie Villanueva warned against the railroading of the
proposed Sexual Orientation and Gender Identity and Expression (SOGIE) Equality bill in its current form.

"SOGIE bill... will not promote equality but will instead unduly give 'special' rights to some members of our society at the
expense of the rights of the other members and to the detriment of the social order in our community," he said in a
privilege speech.

This, after advocates of the SOGIE bill, which was unanimously approved by the House of Representatives in 2017,
renewed the enactment of the measure following the harassment of trans woman Gretchen Custodio Diez inside a
shopping mall in Quezon City.

 Trans woman detained after being harassed for using ladies' toilet in QC mall

Villanueva, the house speaker for good governance and moral transformation, claimed that the bill undermines the role of
parents and threatens academic freedom.

He also alleged that the proposed law imperils freedom of speech and religion, saying it will penalize public speech
deemed discriminatory to the LGBTQ community.
"What happens to a Christian like me, and to the majority of the people in this chamber, if we are to be threatened by
punishment every time we share our Bible-based beliefs on matters of transgenders and homosexuals?" he said.

This prompted Villanueva to file House Resolution 270, calling for an inquiry into the Farmers Plaza mall incident.

 Farmers Plaza apologizes to trans woman over toilet fiasco

Manila 6th District Rep. Bienvenido “Benny” Abante Jr., a pastor, also backed Villanueva.

"There is a big difference between being discriminating and being discriminatory. I am discriminating in my choice of
food, my choice of clothes, my choice of standards, my choice of friends. But let me say this, I will never be
discriminatory to any that would like to say what he wants to say or what he wants to do," he said.

Buhay party-list Rep. Lito Atienza also expressed support for Villanueva.

Bataan 1st District Rep. Geraldine Roman, the country's first transgender congresswoman, called on lawmakers to focus
on the objective of the bill.

"Let us not be carried away by extrapolations or by fear nor by very far away scenarios from other countries, but rather
focus on the essence and objective of the bill, which is simply to afford fellow Filipinos the same rights, when it comes to
work, to study, to receive services from the government and to access commercial and public establishments, not to be
insulted in the streets and these Filipinos just happen to be members of the LGBT community," she said.

Various versions of the measure were refiled in the 18th Congress. But as a bill approved by the House of Representatives
in the preceding Congress, the SOGIE Equality bill can theoretically avail of Section 48 of the House Rules of Procedure,
which will allow it to breeze through committee deliberations.—Report from RG Cruz, ABS-CBN News

Why an LGBTQ member strongly opposes the SOGIE bill

By
Jeline Malasig
-
August 29, 2019 - 3:50 PM

Despite the renewed calls of the LGBTQ community for Congress to pass the Sexual Orientation and Gender Identity or
Expression (SOGIE) bill due to the experience of transwoman Gretchen Diez, not all of those who identify to be among
its members have the same sentiment.

Ryan Borja Capitulo, an obstetrician and gynecologist, shared his views on the bill that seeks to criminalize
discrimination against persons identifying as members of the LGBTQ community.

He cited three main concerns in a fairly popular post on Facebook. Existing laws against discrimination

Citing two versions of the bill in the legislature—House Bill 4982 or the “SOGIE Equality Act” and Senate Bill 935 or the
“Anti-Discrimination Act“—Capitulo argued that the bills are not necessary since there are already existing laws that
“safeguard the rights of citizens against discrimination.”

“There are victims of discrimination because of their height, but do we need an Anti-Short Stature Discrimination Act?
There are victims of discrimination because they are fat, but do we need an Anti-Obese Discrimination Act?” he pointed
out.

Capitulo enumerated laws in the Philippines that supposedly ensure “any form of discrimination is avoided.”

 The 1987 Philippine Constitution

 Labor Code of the Philippines
 Civil Code of the Philippines
 Anti-Graft and Corrupt Practices Act
 Code of Conduct and Ethical Standards for Public Officials and Employees
 Revised Penal Code of the Philippines
 Anti-Sexual Harassment Act of 1995
 The United Nations’ Universal Declaration of Human Rights
Capitulo added that the Philippines’ Magna Carta for Women likewise “seeks to eliminate discrimination” but falsely
claimed that it “does not impose penalties.”

Under the Magna Carta, private individuals or private entities who violate certain provisions are bound to be “liable to pay
damages” to the offended.
The SOGIE bill, meanwhile, imposes anywhere from fines to imprisonment for offenses of discrimination.

The Philippines is a ‘gay-friendly’ country

Capitulo also argued that the SOGIE bill is not necessary since the Philippine society is “innately tolerant of LGBTs” or
lesbians, gays, bisexuals and transexuals.

He mentioned the election of the country’s first transgender lawmaker, Rep. Geraldine Roman (Bataan), is proof of such
acceptance.

Capitulo then added that he has never experienced discrimination “growing up, whether in school or at work.”

However, a 2018 survey released by the Philippine LGBT Chamber of Commerce and research firm Cogencia reveals that
local companies are not yet accepting of LGBTQ members in their policies.

‘Violate’ people’s freedom of religion

Capitulo also expressed his fear that the SOGIE bill might be used to “stifle or violate” people’s freedom of religion and
their freedom to live out their faith.

“What will happen to a seminary or convent that will uphold Church laws by refusing admission to a transgender who
wants to study and become a priest or nun?” he asked.

“What will happen to parishes and Catholic universities that will not allow or recognize LGBT organizations in keeping
with their mandate to abide by Church doctrines?” Capitulo added.

“What will happen to Catholic and Christian offices or companies like bookstores, travel agencies, radio stations,
television networks or religious organizations that will not hire LGBT employees because it violates their faith-based
beliefs?” he asked.

Capitulo mentioned that under the proposed measure, such scenarios would merit religious communities and faith-based
organizations to be legally penalized for perceived discrimination.

Under the bill, violators can be sanctioned for up to P500,000 and be imprisoned for up to six years.

“We cannot expect the followers of the great religious traditions of the world to change their doctrines to accommodate a
law that will violate their fundamental right to freely practice the very religion that they uphold,” Capitulo said.

Last week, Senate President Tito Sotto revealed that the SOGIE bill has “no chance” of passing in the upper chamber “if it
transgresses on academic freedom, religious freedom and women’s rights.”

He made the remark following a public hearing on the proposed measure’s passage that was initiated by the Senate
Committee on Women, Children, Family Relations and Gender Equality headed by Senator Risa Hontiveros.

Hontiveros, for her part, argued in a Facebook post that the bill “will not penalize people who practice religious or
academic freedom.”

She added that it “will not dictate churches on their teachings or hiring process” as well.

Some enforced anti-discrimination laws outside the Philippines

Other countries have certain laws that specifically prohibit discrimination against sexual orientation and religion or belief,
among others.

In the United States, discrimination against certain employees and applicants of a job is criminalized under Title VII of the
Civil Rights Act of 1964.

The said law prohibits discrimination based on a person’s race, color, religion, national origin, physical and mental
disability, reprisal and sexual orientation.
In Australia, it is prohibited to discriminate based on a person’s gender, sexual orientation, marital or relationship status
(including same-sex couples), familial responsibilities and pregnancy under the Sex Discrimination Act 1984.

The United Kingdom’s Equality Act 2010 protects people from discrimination based on their age, disability, gender
reassignment, marriage and civil partnership, pregnancy and maternity, race, religion and belief, sex and sexual
orientation.

5 things you should know about the Anti-Discrimination Bill

By Anna Bueno
Updated 20:22 PM PHT Mon, October 17, 2016
Manila (CNN Philippines Life) — Today, the House of Representatives conducted its first hearing on the Anti-
Discrimination Bill on the Basis of Sexual Orientation or Gender Identity (or House Bill 267), three weeks after Rep.
Geraldine Roman of the 1st district of Bataan gave an emotional privilege speech before the 17th Congress. During the
hearing, the bill was subjected to closer scrutiny by various lawmakers and religious groups — some who contested that
its provisions violated their right to religious freedom — as its advocates clarified what the bill seeks to achieve, and what
it does not.

The bill is the latest version in a string of bills that had previously failed to pass as a law in Congress. Previous proponents
of the bill include then Akbayan Rep. Etta Rosales and Rep. Kaka Bag-ao of the Dinagat Islands, who all struggled to
convince legislators and related sectors of a need for an Anti-Discrimination Bill. This year, it is hoped that Roman —
who has been recently included in a global list of inspiring women for 2016 — will finally set the bill firmly as part of the
law of the land. But getting there won’t be easy, what with certain assumptions that may be wrongly made and questions
that still need to be asked in light of the Philippines’ long history of Catholic conservatism and resistance to LGBTQ-
related measures in the past. With regard to the bill now under close examination in Congress, here are several
clarifications on what the Anti-Discrimination Bill grants, prohibits, and ultimately what it seeks to achieve — whether
you are part of the LGBTQ community or not.

The bill does not seek to legalize same-sex marriage or unions.

The bill’s title should speak for itself: It is a bill which merely seeks to prohibit certain discriminatory practices that harm
members of the LGBTQ community. Roman and Bag-ao have repeatedly emphasized that the bill does not hide a
provision on same-sex marriages, or same-sex unions, for that matter (the latter of which is a subject of a future
bill, according to Roman). In the event the bill somehow includes a provision on same-sex marriage or union, however, it
can simply be stricken out of the draft or even the law, if passed, as a “rider,” which means a provision in a law which is
unrelated to the bill’s title and purpose. The law, as a whole, will not be rendered invalid — only the rider will.

The bill seeks to prohibit only a certain number of acts that unfairly discriminate against members of the LGBTQ
community.

The bill is basic, as it only seeks that certain rights be recognized. Roman made it clear during her privilege speech that
the bill seeks to prohibit the following acts, which constitute discrimination:

 “If an employer, whether from the private or public sector, includes sexual orientation or gender identity in the
criteria for hiring, promotion, transfer, designation, work assignment, re-assignment, dismissal, performance review,
selection for training, in the computation of benefits, privileges and allowances — that is discrimination.

 If a school or any educational or training institution refuses to admit a student or participant or chooses to expel
him or her solely on the basis of sexual orientation or gender identity, that is discrimination.

 If a school imposes disciplinary sanctions, penalties, restrictions and requirements harsher than the usual that
infringe on the rights of students on the basis of sexual orientation or gender identity, that is discrimination.

 When a student or a trainee is harassed, punished or restricted due to the sexual orientation or gender identity of
his parents or legal guardians, that is discrimination.”

The merit of defining several acts of discrimination as prohibited acts makes such acts illegal, and therefore punishable by
imprisonment. The law cannot punish what it cannot specifically define. The Philippine Constitution only goes so far as to
declare that “No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be
denied the equal protection of the laws,” which is insufficient to protect a specific sector (the LGBTQ most especially)
without any kind of legislation outlining how its rights should be recognized. Roman also points out, in her privilege
speech, that “an overview of legal references to the LGBT phenomenon shows that there are no direct references to
lesbian, gay, transgender and bisexual individuals … these terms are nowhere to be found in any of our existing laws, save
for a few references to ‘sexual orientation.’”
Considering the lack of sufficient protection in the Constitution’s Bill of Rights, or in any other law we have, the
enumeration of specific discriminatory acts in the Anti-Discrimination Bill is significant, if not historic, in the efforts to
provide for more LGBTQ-inclusive laws in the country.

The bill also makes it illegal for anyone to force a person to take a medical or psychological exam, to alter that
person’s gender or sexual orientation.

Without an LGBTQ individual’s consent, a person cannot force such individual to consult with a psychologist to re-
evaluate his or her gender identity or sexual orientation, says Roman. A minor falling under this clause is protected under
the draft bill, in that it requires that the approval of the Family Court (where the Solicitor General will represent the child)
be secured before a psychological examination may be conducted on the child.

The bill provides for jail terms for those who violate its provisions.

According to Roman, imprisonment of not less than one year, but not more than six years, will be imposed upon anyone
who will violate the provisions of the Anti-Discrimination Bill, specifically the prohibited acts as defined above. In
addition to imprisonment, the offender may also be subjected to community service, and may be required to undergo
human rights education on the plight of the victims of discrimination.

The bill provides for a venue for complaints and cases to be filed.

There are existing police desks addressing complaints and cases related to violence against women and children. Under
the proposed law, Roman states that these same desks will attend to cases of discrimination against LGBTQs. In order to
prepare the desk officers to handle complaints and cases under the Anti-Discrimination Bill, they shall be required to
undergo trainings on gender-sensitivity, proper terminology, dynamics of LGBTQ relationships, and how to properly
handle hate crime investigations.

The 1987 Constitution does not categorically state that a marriage must be only for a man and a woman
(Family Code – Art. 1)