Sexual Orientation and Gender Identity and Expression
(SOGIE Bill)
House Bill No. 4982 or “Act Prohibiting Discrimination on the Basis of Sexual
Orientation and Gender Identity and Expression (SOGIE) and Providing Penalties Therefore” 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 11th 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 17th Congress through the ardent efforts of Bataan 1st
District Representative Geraldine Roman, Diwa Partylist 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 there are protected inasmuch as everyone’s is. The bill also acknowledge 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 of 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, 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 Desk 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
overdue.
With opposing forces weighing in on the debate, only time will tell if the SOGIE bill will
be signed into law.
Reflection
Throughout the years, LGBTQ++ has been accepted already on the
society. We are taught to look for the good side of them; however, some people
tend to discriminate them always. They’re also humans; they also lived on
earth that is why the previous leaders have implemented a law that mandates
to eradicate the criticism among people. Anti-discrimination Law is rooted in
principles of equality, specifically, that individuals should not be treated
differently. It include protections for groups based on sex, age, race, ethnicity,
nationality, disability, mental illness or ability, sexual orientation, gender,
gender identity/expression, sex characteristics or religious.
SOGIE Equality Bill and Anti-discrimination law have the same
characteristics, it protects the right of an individual and avoid judgment to
other people, however, SOGIE Equality Bill, will engage to same sex marriage
which majority of the people in the Philippines disagreed. Marriage is both a
natural institution and a sacred union because it is rooted in the divine plan of
creation. For me, same sex relationship is okay but same sex marriage is not.
Same sex marriage doesn’t fit to what God has plan to every men and women.
As part of the LGBTQ++ Community, my stand for this SOGIE Equality
Bill is to stop its implementation. This bill got too much attention only to the
part of the LGBTQ++ community. Anti-discrimination law is enough. This will
make our country more complicated to every issue that we encountered with
the LGBTQ+ community. A direct imprisonment to the person who bully or
tease an LGBTQ+ is such an overacting punishment. Obed Dela Cruz of the
Christian group Intercessors for the Philippines said “a SOGIE Equality Bill
may not be necessary as there are already several laws protecting a person’s
right.” “The laws are already enough to be applicable to all, and if ever a court
or a public officer will refuse to apply this law to the LGBT, let that public
officer be liable,” he said.
Women cannot be compared to a group like that (LGBTQ+ community)
because a man will never be a woman, no matter what he does, because they
can never reproduce. They can’t give birth, they do not have ovaries.
Generally, I am more amenable to the Comprehensive Anti-
Discrimination Bill which is filed by Sen. Sonny Angara, which seeks to
prohibit a wide range of discriminatory acts.
