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SOGIE Equality Bill: Is It Really Necessary in the Philippines?

Stephanie Casauay Dioso

Grade 12 - STEM C Perseverance

Ms. Edmyraline Cerbito

January 11, 2023

ABSTRACT

On July 26, 2004 under the 13th Congress of the Philippines, Senator Defensor-

Santiago filed the Employment Non-Discrimination bill which aims to prohibit employment

discrimination on the basis of sexual orientation. This means to protects members of the

LGBTQIA+ from discrimination and marginalization. Despite being around for two decades,

the proposed law has yet to hurdle legislation. In this article, Tatler provides its humble

platform to clarify a few arguments being thrown against the SOGIE Equality Bill.  With this

position paper, it seeks to know if it is really necessary in the Philippines to pass the Sexual

Orientation and Gender Identity or Expression or SOGIE Bill (S.B. No. 159, S.B. No. 689,

and S.B. 412). Also, whether this law will really have a contribution in controlling

discrimination and the gender inequality in our country despite the existence of many existing

laws against discrimination in any aspect, gender, status, or age of people.

Keywords: SOGIE Equality Bill, LGBTQIA+, Discrimination, Marginalization, Gender

Inequality
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INTRODUCTION

The Anti-Discrimination Bill or the Sexual Orientation and Gender Identity

Expression (SOGIE) Equality Bill, sponsored by Congress in 2000, seeks to eradicate gender-

based discrimination in the Philippines. It seeks to eliminate gender discrimination by

penalizing those who engage in such behavior. The Alliance for the Family Foundation

(Philippines), Inc., respectfully submits the following discussion regarding the SOGIE

Equality Bill and all of its Senate versions (S.B. No. 159, S.B. No. 689, and S.B. 412) - all

titled "An Act Prohibiting Discrimination on The Basis of Sexual Orientation and Gender

Identity or Expression (SOGIE) And Providing Penalties Therefor." The Alliance for the

Family firmly agrees that the State must uphold its fundamental commitment to provide

persons with equal protection under the law, as established in Section 1, Article III of the

Constitution. The Constitution's prohibition on discrimination includes any discriminatory

activities based on arbitrary classifications.

BODY

The SOGIE Equality Bill, on the other hand, limits freedom by granting special

advantages based on sexual orientation and gender identity or expression. The bill is intended

to prevent unjust discrimination by imposing legal sanctions on those who engage in it;

however, Chapter 2 of the Civil Code of the Philippines provides sanctions against the same

behaviors that the proposed law's Section for Discriminatory Practices seeks to eliminate.  On

the other hand, the SOGIE Equality Bill sanctions the same actions with the same remedies

but also imposes harsh criminal consequences, including heavy fines and jail time. However,

it only applies these criminal sanctions to those who have been abused because of their sexual
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orientation, gender identity, or gender expression. Section 9a of Senate Bill No. Nos. 159 and

689, as well as Section 8 of S.B. No. 412 even requires the inclusion of SOGIE issues in all

police stations, with no explanation. As a result, some individuals seeking restitution for

injury experienced are granted special status, while others, such as those persecuted because

of handicap, appearance, economic position, language, religion, and so on, are denied it. This

division of victims is obnoxious, and history shows that it is hazardous to public order.

Furthermore, the proposed law is rash and cannot be administered equitably. It will produce

more instances of unjust discrimination rather than eliminate it since it includes notions that

are not suited for legislation.

Once society accepts the unscientific claim that transwomen (biological males who

self-identify as women) are real women, female-identifying biological males will be free to

enter female-only restrooms, locker rooms, and dormitories, invading women's privacy and

endangering their safety. Single-sex institutions such as all-girls/all-boys schools, and

organizations such as the Boy Scouts and Girl Scouts, will be required to admit opposite-sex

candidates who identify as the population's gender. Aside from this, female-identifying

biological males will be eligible to compete in a variety of women's events, including sports

divisions. This is blatantly unfair because men are physically stronger than women. Females

generally have 30-40% of male upper body muscular strength and 50-60% of male lower

body muscle strength. Tamikka Brents, an MMA female fighter, sustained a concussion and a

damaged skull following a battle with male-to-female transsexual Fallon Fox in 2014. It is

also no wonder male-to-female transgender Mary Gregory won nine out of nine events in the

women's division of a world weightlifting competition on April 27, 2019, though he was later

stripped of his controversial records due to the weightlifting organization's ruling that

Gregory was "actually a male in the process of becoming a Transgender female". Women are
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assessed to a masculine standard when clear biological distinctions between men and women

are ignored. This is genuine inequity.

This SOGIE Bill will make "any other identical conduct" criminal, are extremely

broad and imprecise. Strict rules should be placed into the legislation governing whether an

activity is regarded an act of illegal discrimination. Otherwise, people might be prosecuted

and imprisoned for crimes that are only illegal in retrospect. This would make the legislation

exceedingly invasive, obtrusive, and wide in practice. No one could be sure they weren't

breaking it whenever they engaged with someone who wasn't of standard heterosexual

orientation.  In fact, no one can be assured they are not breaching it even when interacting

with people who have a standard heterosexual orientation because there is no way to tell until

they ask. However, Section 5b of S.B. Nos. 159 and 689, as well as Section 4b of S.B.

Enquiring about No. 412 might be regarded an unlawful act of discrimination. In practice,

this would be a significant incentive for all government organizations, corporations,

institutions, and even people to grant nearly limitless latitude to anybody who could be

covered by the bill, rather than face a punishment or jail.  This would almost likely result in a

long-term reaction of anger for special advantages and injustice, maybe leading to the repeal

of the legislation. As a result of the resulting shift in public perception, those who are legally

protected will be even less protected than they are today.

This measure is supposed to lessen LGBT community isolation and stigma; however,

we see little evidence of such isolation or stigma in the Philippines, save in a few isolated

cases. In fact, a Pew Research Center poll performed in 2013 found that the Philippines was

one of the world's most LGBT-friendly countries. LGBT people are among the most popular

in the country, as seen by their popularity in the media, television, radio, and movies. This is

reflected in social media. It's a bad idea to pass a legislation with harsh penalties to solve a

problem that doesn't appear to exist More crucially, if it does exist, the impact on the public is
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far more likely to rise rather than decrease. The proposed law will require ordinary Filipinos

to exercise extreme caution when interacting with anyone whose identity they do not know,

because if that person is a member of the LGBT community, anything they say or do that

upsets or disturbs that person may result in them being arrested, jailed, fined, and imprisoned

for a year or more. Such situations are unlikely to occur since most people, regardless of their

orientation or identity, do not take offense quickly to perceived slights. However, some do,

and the repercussions are so grave that no one can dismiss them out of hand. These issues

will add another degree of stress to many citizens' already hectic lives. We've all heard that

stress leads to resentment, which is the final outcome. The new law will further isolate the

LGBT population in the Philippines, where they have long been mostly tolerated and

embraced, notwithstanding the biases of a minority.

CONCLUSION

Men and women are already equal before the law and have the same rights, regardless

of their sexual orientation or gender identity or expression. We also have existing laws that

protect everyone from unjust discrimination, harassment, and abuse (e.g., 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, The Revised Penal Code of the Philippines, Anti-Sexual Harassment Act of

1995, and the Safe Spaces Act). It would be wrong to provide certain people special

treatment at the price of others' basic rights. We can be respectful and compassionate to our

LGBT brothers and sisters without sacrificing truth and common sense. There is no need for a

SOGIE legislation.
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REFERENCES

June 18, 1949. Code Commission with the advice and consent of the Philippine Legislature.

Civil Code of the Philippines (Republic Act No. 386)

1 August 2001. Hughes, Ieuan A. “Minireview: Sex Differentiation”. Endocrinology. 142 (8):

3281–3287.

May 14, 2019. Yahoo Sports Staff. Yahoo! News. https://ph.news.yahoo.com/transgender-

weightlifter-mary-gregory-raw-powerlifting-federation-094109354.html?guccounter=1

August 29, 2019. By Jeline Masig. Interaksyon powered by Philstar.com.

https://interaksyon.philstar.com/politics-issues/2019/08/29/154073/sogie-bill-opposition-

arguments/

August 29, 2019. By Jemy Gatdula. Business World. https://www.bworldonline.com/editors-

picks/2019/08/29/250760/never-a-good-time-for-sogie/
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