Micaella Porbido
BSAIS-II
SEXUAL ORIENTATION AND
GENDER IDENTITY OR EXPRESSION
(SOGIE) EQUALITY BILL
As society begins to gradually accept the civil rights of the queer community, the
movement for LGBTQ rights is becoming more of an issue recently. It is because of the SOGIE
(Sex Orientation and Gender Identity or Expression) Equality Bill or the proposed House Bill
No. 4982 which aims to introduce the terms sexual orientation, gender identity and expression
into Philippine legislation and make discrimination a crime. 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 bill recognizes the fundamental rights of every human being, yes, I agreed.
However, I believed it will not promote equality but will, instead, unduly give special rights to
LGBTQ members of the society at the expense of others and will cause harm to the social order
in our community. We all know that there are existing anti-discrimination laws in our
constitution covering human’s right and to provide penalties therefore whenever such rights
are violated. Similar to this is the newly Safe Spaces Act or the Republic Act No. 11313 which
violates gender-based sexual harassment in streets, online, in public spaces and in schools and
is now punishable by law. So, I must ask, why do we need this bill when there are already anti-
discrimination laws that will benefit the queer community? I think, it will only give them
superiority not equality. We need a law that is wider and more universal in scope rather than a
favored version of equality.
In explanation to what I coined “superiority not equality” is about the following some
discriminatory acts if made on the basis of SOGIE:
Denying access to health and public services
Denying use and access to establishments, facilities, and services open to the general
public
Including SOGIE as a criteria for hiring or dismissal of workers
Refusing admission or expelling students in schools based on SOGIE
Refusing or revoking accreditation of organizations based on the SOGIE of members
Preventing children under parental authority from expressing their SOGIE
Penalties for those who commit any of the acts mentioned above range from not less than P100,
000 to P500, 000 and/or imprisonment of not less than 6 months to 12 years maximum,
depending on the offense committed.
This means that if I denied a gay to use the women’s comfort room, they have the right
to sue me, right? If I chose to hire a lady over a gay applying for assistant and he felt
discriminated, I can be fined or jailed. An all-girls school or all-boys school must not denied
application from transmen and also must not expelled one even though he insists on cross
dressing despite against of their dress code. Lastly, parents can be jailed if they refuse or
prevent their children from expressing their own gender identity. So, is it still for equality?
How about us, women who felt threatened to find gays inside public restroom? What about our
privacy and security? Also, there are other reasons other than sexual orientation that a transman
may disqualified on a job such as insufficient skills or experience but here, an employer may
received such penalties if the trans applicant felt discriminated for being dismissed. Well, this
could only mean something. This bill is only in favored of LGBTs and is only giving them the
over privilege not equality.
Based on my understanding, laws cannot be created based on feelings but rather on
truth, facts and according to the mandate of Filipinos and not just on the rights of the few but
on majority. Yes, I agreed that we should promote equality and be united as one nation, but to
me, SOGIE Bill will never be the cure.