By Atty. Ma. Jiandra Bianca F.

Deslate

“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 th 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 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

1
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
The bill passed its third reading in the 17th Congress in 2017, but it had its end after languishing in
the senate. However, the fight for equality still continues as staunch advocate Sen. Risa Hontiveros
sponsored it once more in December 2020, this time as the Sexual Orientation,  Gender Identity,
Gender Expression and Sex Characteristics (SOGIESC) Equality Bill or Senate Bill No. 1934.

(First published on May 19, 2020, updated on June 30, 2021)

2
A bill “recognizing, defining and protecting the rights of heterosexuals” was filed by Rep. Benny
Abante (Manila, 6th District).

This prompted LGBTQIA+ (lesbian, gay, bisexual, transgender, queer, (questioning), intersex,

asexual, and (agender) advocates to once again bring up that the SOGIE (Sexual Orientation and
Gender Identity Expression) Equality Bill covers the rights of all genders. 

The SOGIE bill, which has been pushed for decades in Congress, was consistently opposed by Abante
and other conservative lawmakers, claiming there is no need to pass a law against gender
discrimination. 

ADVERTISING

“The SOGIESC Equality Bill in no way says it is a law purely for LGBTQIA+ persons,” Bahaghari
chairperson Reyna Valmores said in a tweet on Wednesday, November 9. 

“Kaya po SOGIESC EQUALITY — it seeks EQUALITY among all Filipinos regardless of their sexual
orientation, gender identity, and gender expression by uplifting those who too often face
discrimination,” she added.

“Wala pong pakinabang ang isang batas na ‘for heterosexuals,’ considering that heterosexual o
straight ang matagal nang tinitingnan bilang ‘normal'” she continued. 

Valmores deemed the proposed bill a “pathetic joke of a law, clearly drafted to mock those
advocating for gender equality.”

“It is a waste of resources, space, and precious time better spent affirmatively addressing the actual
concerns of Filipinos facing discrimination and violence,” she said. 

Likewise, TV personality and trans woman Kaladkaren questioned the need to legislate the

heterosexual bill.

“Again, giving equal rights to the LGBTQIA+ community does not mean fewer rights for others. It’s
not a pie. How can they grant this “Heterosexual Act” when heteros aren’t really oppressed? Ang
galeng,” Kaladkaren said. 

What is ‘heterosexual rights’ bill?

Under House Bill No. 5717, it guarantees the following rights to heterosexuals:

 adhere to, practice, proclaim, promote, propagate, defend and protect their religion and
religious beliefs, convictions and standards without interference and/or abridgment;

 practice and enjoy their religious profession and worship without interference or
abridgment with the right to exclude therefrom others of different beliefs or faith;

 freely express and communicate with others, privately or publicly, verbally or in writing or
through print or broadcast media or through social media platforms that now exist or that
may hereafter be developed;

 freely express, exercise, and impose, in running or operating their churches, businesses,
schools or workplaces; and

 freely express their views, verbally or in writing, privately or publicly, in print or broadcast
media, or in social media platforms that now exist or may hereafter be developed about

3
 homosexuality, bisexuality, and on transgenders and queers according to their religious
beliefs and practices and to biblical principles and standards.

Meanwhile, the following are prohibited under this measure:

 preventing, prohibiting, abridging, or otherwise interfering with the free exercise and
enjoyment by heterosexuals of any of their rights;

 attempting to prohibit, abridge, or otherwise interfere with the free exercise and enjoyment
by heterosexuals of any of their rights under this Act;

 threatening, directly or indirectly, in any form, a homosexual for exercising any of his/ her
rights under this Act.

Violators of the proposed law may be imprisoned for five to seven years and fined P100,000 to
P200,000. 

“Heterosexuals should be respected and protected,” the pastor-turned-lawmaker said, noting that
they “are actual and direct creations of God.”

‘Legitimizing bigotry’

“Drag Race Philippines” Season 1 runner-up Marina Summers raised an eyebrow over Abante’s

statement. 

“Equal rights for everyone doesn’t mean less rights for your so-called ‘direct creations of God’.
Oppressed ka teh? At kung ganyan din lang ang hulma ng ‘direct creations of God,’ buti nalang bakla
ako,” the drag queen said.

Some also said the bill weaponizes religion and legitimizes bigotry against LGBTQIA members. 

“Ano na naman to? Wala ka magawa girl? Heterosexual act pero puro religious freedom and
weaponization of religion ang nakikita ko. This is a blatant attempt to enable bigotry under the guise
of religion. Mahal mahal ng bilihin ito iniisip mo! Tumino ka nga!” a Twitter user said. 

“Under this bill, heterosexual people are given the ‘right’ to practice their religion and ‘freedom’ to
express their views on homosexuality. This only fosters a dangerous and deadly culture of impunity
and bigotry that claimed the lives of many LGBT individuals,” Laguna-based LGBT
group Lakampati said in a statement. 

“To sum it up, HB 5717 has its clear goals; to continue oppressing people outside of the
heteronormative setup and strip LGBT people of inherent human rights, all while masquerading as a
legitimate demand of the people that is validated, protected, and amplified by the law,” the
group added. 

Associate Dean for Research and Creative Work at the Ateneo de Manila University and sociologist
of religion Jayeel Cornelio shared a similar view, calling Abante’s bill “religious evil.”

“When you invoke ‘biblical principles’ to legitimize your bigotry, you are not protecting your right as
a heterosexual. You are legalizing hatred against the LGBTQ+,” the scholar said in a tweet. 

“This bill must be called for what it truly is: religious evil,” Cornelio said. 

Human rights lawyer Chel Diokno, meanwhile, said that aside from legitimizing hate experienced by
LGBTQIA, the heterosexual bill does not address gender discrimination issues.

4
“The proposed Heterosexual Act only serves to legitimize the very real oppression experienced by
LGBTQIA Filipinos now,” Diokno said.

“Ang bill na ito ay nagbubulag-bulagan sa mga naranasang araw-araw na tinatanggihan ng serbisyo o

tinatanggalan ng oportunidad sa eduksyon at trabaho dahil lang sa kanilang sexual orientation o
gender identity/expression,” he continued.

The lawyer also called for the passage of the SOGIE bill.

“Ginagawa nitong [heterosexual bill] legal ang pagkait ng dignidad ng ibang tao. Anuman ang ating
pinaniniwalaan, magkakasundo naman siguro tayong mali ito. Imbis nitong bill, dapat isabatas na
ang SOGIE Law,” Diokno said.

5
Advocates, gov’t agencies support refiled SOGIE bill

SEP 19, 2022 8:16 PM PHT

MICHELLE ABAD

Advocates highlight how the SOGIE anti-discrimination bill would help protect LGBTQ+ students and
their mental health

MANILA, Philippines – Groups advocating for the rights of the LGBTQ+ (lesbian, gay, bisexual,
transgender, queer+) community, together with numerous government agencies, threw their
support behind the bills seeking to penalize discrimination against persons based on their SOGIE
(sexual orientation, gender identity and expression) as the Senate reopened discussions on the bill
on Monday, September 19.

Senators Risa Hontiveros, Loren Legarda, and Mark Villar refiled versions of the SOGIE Equality Bill in
the 19th Congress. Senator Robinhood Padilla manifested his support in Monday’s hearing as well.

“While many claim that the Philippines is a country welcoming of the LGBTQIA+, news [is rife with]
abuses and discrimination against them. And these are just cases that land in the news… So you can
just imagine how many cases remain unaccounted for, and in many instances, [are] hidden and
unspoken,” said Hontiveros, chairperson of the Senate committee on women, children, family
relations, and gender equality.

There are several SOGIE anti-discrimination ordinances in local governments across the Philippines,
but a national law remains lacking.

Many government services remain 'limited to cisgender persons.' There should be national
legislation for gender justice as well, advocates say.

Local governments from Luzon, Visayas, and Mindanao have passed anti-discrimination ordinances
aiming to shield the LGBTQ+ community from abuse. Here are some of them.

The upcoming show marks Conan's first concert in the Philippines

Mela Habijan, Miss Trans Global 2020 and an LGBTQ+ advocate, highlighted the struggles of LGBTQ+
students’ inclusion in schools that observe traditional values.

She told a story of four trans girls, Nicole, Jade, Kendi, and Rey, who were almost not allowed to
have their graduation photos taken nor attend their graduation ceremonies because of the way they
dressed.

With the reopening of face-to-face classes, Habijan said she has been receiving messages from queer
students and teachers. “Their concern: as we go back to the face-to-face set up, will they be allowed
to come to school in the gender that they identify as?” she said.

While the Department of Education has its 2017 gender responsive basic education policy which
recognizes gender diversity and protects against gender-based discrimination, Habijan said not all
school heads and personnel embrace this.

Habijan added that the Commission on Higher Education needs a strong legal basis, or a national
law, to further strengthen inclusive policies in higher education institutions.

6
“Education is a human right; education should be for all. Many LGBTQIA+ members are skillful,
smart, talented, and have goodwill. If you just let us be who we are, we will become our best and we
can make vital contributions to our beloved Philippines,” Habijan said in a mix of English and Filipino.

Meanwhile, Marc Eric Reyes, president of the Psychological Association of the Philippines, said that
LGBTQ+ community members who experience stigma, discrimination, and violence based on their
SOGIE are bound to feel negative effects on their mental health and well-being throughout their
lives. These include depression and suicidal tendencies.

“The experience of other countries shows that policies and legislation promoting equal rights and
prohibiting discrimination can reduce stigma based on SOGIE and lead to better mental and physical
health. Anti-discrimination legislation is associated with decreased risk for psychological and physical
health problems and improved well-being among LGBT+ individuals,” said Reyes.

Philippines obligated to protect dignity of all

The push for an anti-discrimination bill is not out of pure advocacy for progressive values – lawyers
in the hearing highlighted the state’s legal obligation to protect the dignity of all persons.

“As a state signatory to many international rights instruments, the Philippines is under a legal
obligation to protect and accord full respect to the fundamental human rights of every person
regardless of their SOGIESC. No less than the 1987 Constitution likewise mandates the state to value
the dignity of every human person and guarantee full respect for human rights,” said Hendrix
Bongalon of the University of the Philippines Gender Law and Policy Program (UP GLPP).

Bongalon also pointed to cases that favored the protection of the LGBTQ+ community, including Ang
Ladlad LGBT Party v. Comelec, and Falcis v. Civil Registrar General.

“Despite the unequivocal recognition and protection of the fundamental human rights of all persons
of diverse SOGIESC in both domestic legislation and international law, and even in our existing
jurisprudence, numerous cases of discrimination and hate crimes still exist in the Philippines,”
Bongalon said, reiterating the UP GLPP’s support for the bills.

Representatives from the justice, health, technology, labor, and education departments all
manifested their support to pass the SOGIE bill. They were joined by the Philippine Commission on
Women and the Commission on Human Rights.

“The Department of Labor and Employment supports the purpose of these proposed measures
which seek to address all forms of discrimination, marginalization, and violence on the basis of
sexual orientation, gender identity or expression or sex characteristics,” said Mercy Apurado, officer-
in-charge of the DOLE’s Women Workers Development Division.

Health Undersecretary Beverly Ho said that the SOGIE bill would enhance gender and development
perspectives, and would help ensure a gender-responsive health system.

SOGIE bill opposition: Parenting interference, ‘child abuse’

A number of groups in the hearing, especially those that were religiously affiliated, strongly opposed
the bill. They said that it would impose progressive beliefs on others who did not share them.

The Fellowship of Redeemed Sexually Disoriented Individuals, who said they have experienced
same-sex attraction but “changed,” said that sexual preferences are a choice.

7
“Ang sexual preference ay hindi inborn. Ito ay isang acquired taste. Nade-develop ‘yan through the
years  (Sexual preferences are not inborn. This is an acquired taste. It is developed over the years),”
said Cesar Buendia of the group.

“Kahit pa sabihin ng isang 12-year-old na siya ay 21 years old na, hindi pa rin siya pwede
magmaneho, bumoto, pumasok sa nightclub, o uminom ng alak base lamang sa kanyang paniniwala
na siya ay 21 na,” he added. (Even if a 12-year-old says he or she is 21 years old, they cannot drive,
vote, enter a nightclub, or drink alcohol based on their belief that they are 21.)

Buendia claimed that teaching children sexuality will cause them to be “curious” and engage in
“experimentation” of their sexuality.

“Pag pinag-eksperimentuhan niya ito at magustuhan, uulit ulitin niya ito, at kapag nakagawian na
niya ito, paniniwalaan na niya na siya ay likas na ganoon na nga… [At] makukulong na siya sa
paniniwala na siya ay ganoon na nga. Hindi ba child abuse na maituturing ang pagsaksak sa mura at
maselang utak ng isang bata, ang sistema ng paniniwalang ito?” he said.

(And when they experiment with this and enjoy it, they will do it again and again, and when this
becomes routine, they will believe that they are naturally like this. And they will be locked in with
the belief that they are like this. Is this not child abuse, to force this system of beliefs into the young
and delicate mind of a child?)

Benjamin Cruz of Living Waters Philippines meanwhile claimed that the SOGIE bill would interfere
with parents’ rights in raising their children.

“SOGIE undermines parental authority. Under these bills, parents need to secure a family court
order should they want their children to undergo any medical or psychological examination in
matters related to SOGIE. Also in all those three bills, a parent discouraging his child to have a
gender other than his biological sex consistent with his religious beliefs can be jailed,” said Cruz.

Cruz added that Living Waters is against any practice that discriminates against the LGBTQ+
community, but they only need “acceptance and compassion, not legislation.”

Jazz Tamayo of Rainbow Rights Philippines recognized opposing positions, but highlighted the bill’s
intention pushing for equal treatment of all.

“I think many times it has been argued that the law is somehow giving special rights to people, that
it’s sort of like giving an exception to the general rule, but to be honest, if you read all the provisions,
it’s very clear that what it only promises is equality,” said Tamayo.

8
CHR presses passage of SOGIE Equality Bill

Published July 1, 2022, 4:00 PM

by Czarina Nicole Ong Ki

Commission-on-Human-Rights

The Commission on Human Rights (CHR) pressed for the passage of the Sexual Orientation and
Gender Identity or Expression (SOGIE) Equality Bill that would ensure full recognition of equal rights
and increase acceptance of the members of the Lesbian, Gay, Bisexual, Transgender, Queer, and
Intersex (LGBTQI) community.

Executive Director Jacqueline Ann de Guia said the CHR lauds the efforts of the Carigar town in Leyte
and Roxas City for championing the rights of the LGBTQI members.

De Guia said the local government of Carigara issued a resolution that condemns any form of
discrimination against the LGBTQI community and even organized a concert in celebration of the
“Pride Month” last June, which they plan to make an annual tradition. Once session reopens, the
local government intends to craft an anti-discrimination ordinance, she said.

Roxas City, on the other hand, has already passed Ordinance No. 028-2022 that promotes the rights
and welfare of LGBTQI members. They even established the Roxas City Pride Council, which would
monitor the implementation of the ordinance, De Guia said.

She also said the city council will also address various violations against the LGBTQI community and
facilitate assistance for victims of stigma and discrimination in the form of legal representation,
counseling, and psychological assistance.

“CHR commends these local efforts that demonstrate concrete support and genuine acceptance for
the LGBTQI community,” she said.

Also, the CHR lauded the efforts of the City of Manila, Bataan, Albay, Malolos City, and Pasig City
during the Covid-19 pandemic since these LGUs passed their version of anti-discrimination
ordinances.

“We are hopeful of the increasing local support and look forward to more LGUs implementing their
own equality and anti-discrimination measures,” said said.

9
The need for SOGIE Law

Published June 8, 2022, 12:02 AM

by Anna Mae Lamentillo

NIGHT OWL

Anna Mae Yu Lamentillo

June has been designated as Pride Month in many parts of the world, including in the Philippines. It’s
a month of celebration for milestones achieved in fighting for LGBTQIA+ visibility and has also been a
platform to promote equal justice and equal opportunity for lesbian, gay, bisexual, transgender,
queer, intersex, asexual — basically everyone regardless of gender and sexual orientation.

Calls for the passage of the proposed law prohibiting discrimination on the basis of sexual
orientation and gender identity or expression or the SOGIE Equality Bill have become louder in the
past days not only because of Pride Month but also due the incident of discrimination recently
experienced by Sass Sasot, a woman of transgender experience.

Sass was still addressing graduates of a high school in Cavite when the church group that was the
owner of the venue turned off the lights and sound system. Apparently, the church group did not
want a member of the LGBTQIA+ community speaking on their stage.

Whatever was stipulated in the contract between the church group and the school is a matter
between them. But the incident puts the spotlight once again on discrimination based on SOGIE.

The first Anti-Discrimination Bill, which proscribes discrimination on the basis of sexual orientation,
was filed in Philippine Congress in 2000. More than two decades later, we still haven’t enacted the
bill despite it being filed every single Congress thereafter.

With the incoming 19th Congress, it will be re-filed. As in previous years, it will be an arduous
journey, but hopefully this time it would lead to the enactment of the proposed law.

The SOGIE Equality Bill does not ask for special treatment for LGBTQIA+ members, but for equal
rights and opportunities and for protection against discrimination and violence.

Our Constitution “values the dignity of every person and guarantees full respect for human rights.” It
also provides 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.”

It is also stated in Republic Act No. 9710 or the Magna Carta of Women that, “No one should
therefore suffer discrimination on the basis of ethnicity, gender, age, language, sexual orientation,
race, color, religion, political or other opinion, national, social or geographical origin, disability,
property, birth, or other status as established by human rights standards.”

Despite such laws, discrimination, harassment, and violence against persons based on their sexual
orientation and gender identity or expression abound.

For instance, in 2014, transwoman Jennifer Laude was killed by U.S. Marine Joseph Scott Pemberton.
In 2019, a trans woman was harassed when she tried to enter a women’s restroom in a Quezon City
mall despite local government unit having a Gender Fair Ordinance that protects people from
harassment and discrimination based on SOGIE.

10
While there have been local ordinances that promote and protect the rights of the LGBTQIA+
community, the recent incident involving Sass that happened in Cavite, which has a Provincial
Ordinance that makes it unlawful to discriminate against any person or group of persons on the basis
of SOGIE, shows the need to have a national legislation.

The call to have a SOGIE Equality Law is far from providing special treatment to members of the
LGBTQIA+ community. This is about ensuring that society looks beyond gender and sexual
orientation; it is about giving assurance that every person can have equal access to opportunities for
learning, employment, and development, among others, without being subjected to discrimination,
mockery, and harassment based on sex or gender; it is about upholding every person’s basic human
rights.

11
SOGIE Equality Bill, a breathing space for LGBT+

Published on: August 12, 2021

Updated as of August 12, 2021 2:02 pm

By Jayson Aucensillo

ZAMBOANGA CITY, Aug 12 (PIA) -- Lesbian, Gay, Bisexual, and Transgender (LGBT) group here and in
the entire nation, will finally be protected from discrimination through Senate Bill No. 1934 or the
Sexual Orientation and Gender Identity Expression (SOGIE) Equality Bill.

Finally, an exclamation point may now put at end against discrimination and this provides “a
breathing space for LGBT+ sector, which believed to be the major recipient and choked by stigmas in
the society,” Zamboanga City LGBT+ President and Mujer-LGBT Organization Head, Alvin “Ms. Toni
Gee” Fernandez said.

For the past years, judgments and unjustifiable opinions about LGBT+ have been very notable and
seemingly, they remained voiceless as there are no special protections were made available, if there
are, but very limited and not enough to stand for the LGBT+ community!

“We don’t need special treatment, we just want an equal treatment,” Toni Gee added.

The sector, particularly in Zamboanga City, was very thankful to the initiative of the Congress in
formulating the SOGIE Bill for it strengthens their protection and empower them to live with other
individuals in one society without inappropriate judgment against them.

As an emphasis, the bill did not just make to address the concerns of LGBT+ but this is also for those
underprivileged, marginalized, and most commonly abused members of the society elsewhere;
outstandingly, this anti-discrimination bill is for everyone!

Ms Toni Gee, an LGBT+ Activist of the city specified some implications of SOGIE Bill to the LGBT+
Filipinos.

1. Creating an inclusive culture that respects diversity and human rights

The bill provides measures such as education and awareness raising within government on SOGIE, on
human rights.

Civil servants especially those interacting directly with people can have better awareness about
another person's SOGIE, Sex and Character. With that, people are encourage to be more sensitive in
using the correct pronouns and preferred name.

Thus, the sector is essentially creating a compassionate society in this regard.

2. Prevention measure

SOGIE based discrimination will be treated as a crime. This can be a deterrent to people in
undertaking forms of discrimination, including harassment, cat calling, etc.

Yes! This can generate a lot of opposition from anti-LGBTIQ camps, but what is important is that, we
have a law that backs up the LGBT+ interests.

3. An inclusive business climate

12
LGBTIQ owned businesses or entrepreneurs will be more encouraged to invest and venture to serve
the wider public. LGBTIQ consumers will feel recognized to having a stake in the market.

In a capitalist economy that the country has, unassailable power within the market really matters a
lot.

4. Political participation of LGBTIQ in governance

By passing the bill, LGBT+ Filipinos will feel recognized that our government does its part to address
our rights as a sector. Hence, this can encourage more and more LGBTIQ Filipinos to support
government initiatives in addressing pressing social issues.

We cannot disregard the contributions of LGBTIQ Filipinos, especially at the local or community
level, in being part of programs such as COVID response, disaster response, public health awareness,
social welfare, education, among others.

There are several countless stories of LGBT+ Filipinos who have been part in various development
programs and helping communities in need. Despite these, the government does not recognize the
sector and protect their rights.

At the end of the day, passing of the SOGIE Equality Bill is not a discriminatory bill to the non-LGBT
believers or allies, but rather, it is a move towards advancing and strengthening the protection of the
overlooked members of the societies.

We are all fighting for human rights and the public should not forget that “LGBT rights are human
rights,” Ms Gee emphasized.

Zamboanga City implemented Ordinance No.543 entitled Comprehensive Anti-Discrimination

Ordinance that prohibits discrimination on the basis of the SOGIE bill. The Third reading of the SOGIE
bill in Congress was held last December 2020 and to date, the bill is still on the table for discussion.
(RVC/JRA/PIA9-Zamboanga City/Photo Courtesy of Mujer-LGBT Zamboanga City)

13
TIMELINE: SOGIE equality in the Philippines

AUG 28, 2019 11:56 AM PHT

MICHELLE ABAD

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The fight for equality and anti-discrimination for the LGBTQ+ community is one that has known
almost two decades of legal struggle

MANILA, Philippines – After trans woman Gretchen Custodio Diez was barred from using her
preferred restroom in a Cubao mall last August 13, one wonders how gender equality has fared in
the country over the years. 

The State’s commitment to upholding the dignity and equality of all persons is enshrined in the 1987
Constitution and in several international covenants it is signatory to, such as the International
Covenant on Economic, Social, and Cultural Rights (ICESCR), and the International Covenant on Civil
and Political Rights (ICCPR).

While the protection of the LGBTQ+ is promised on paper, the Philippines is no stranger to
notorious cases of hate crimes and abuse against the community.

In its latest version, Senate Bill No. 689, entitled “Anti-Discrimination on the Basis of Sexual
Orientation, Gender Identity and Expression,” has not been passed in Congress after almost two
decades.

It seeks to penalize discrimination on the basis of sexual orientation and gender identity or
expression (SOGIE), and is more commonly known as the anti-discrimination bill or the SOGIE
equality bill.

Early movements 

Years before a nationwide measure to specifically protect LGBTQ+ members was filed by lawmakers,
activists had begun taking to the streets. An initiative by young lesbian feminists called The Lesbian
Contingent joined the International Women’s Day march in 1993. Australian socialist
magazine Green Left Weekly claimed it was the first time a lesbian contingent marched in public.  

On June 26, 1994, the Progressive Organization of Gays in the Philippines (ProGay Philippines) and
Metropolitan Community Church organized what came to be known as the first Pride March in the
Philippines and in Asia.

Various LGBTQ+ organizations had begun budding in the country. For instance, the University of the
Philippines’ Babaylan claimed itself to be the country’s oldest LGBTQ+ student organization in 1992.

History in Congress 

The earliest version of the SOGIE equality bill was filed in 2000 by the late senator Miriam Defensor
Santiago and former Akbayan representative Loretta Rosales under the 11th Congress.

Refiled in the 14th Congress, the bills reached the committee level only. More senators would file
similar bills in the 15th and 16th congresses to no avail. Other significant events are as follows:

14
2010-2012

Party list Ang Ladlad, which aimed to represent the LGBTQ+ community, files a petition to run in the
2010 national elections. An ABS-CBN report says the Commission on Elections (Comelec) denied the
petition twice, citing “immorality” as basis. Its registration is eventually granted by the Supreme
Court.

The Department of Education issues an order in May 2012 for the protection of children, including
their sexual orientation and gender identity.

2013

On August 3, then-Commission on Human Rights (CHR) chair and pioneer SOGIE bill sponsor Loretta
Ann Rosales says the CHR is working on a database on LGBTQ+ hate crimes to better their
prosecution and investigation.

By the end of the same month, then-Laguna representative Sol Aragones introduces House Bill No.
2572, which would make LGBTQ+ hate crimes an aggravating circumstance for crimes against
persons and chastity.

Shortly after, then-Albay representative Grex Lagman files a measure that would help same-sex
couples acquire property together. Neither bill has been passed.

2014

Trans woman Jennifer Laude is murdered by a US Marine on October 11.  

Laude’s case catalyzes discussion and action toward advancing transgender rights.

In the local government scene, former mayor Herbert Bautista signs the gender-fair ordinance in
Quezon City on November 28. Prohibited acts include discrimination against the LGBTQ+ in the
workplace, educational institutions, and in delivery of goods, services, and accommodation.

The ordinance also includes affirmative acts, such as equal pay and sensitivity training in the
workplace.

This would become the law that protected Gretchen Diez when she faced illegal detainment at a
mall office in Quezon City.

2016

During the election campaign, then-senatorial candidate Manny Pacquiao calls same-sex couples
“mas masahol pa sa hayop (worse than animals)” in a viral video interview by Bilang Pilipino. He has
served two terms as a congressman by this time.

Bataan congressional candidate Geraldine Roman makes history as she takes her seat as the first-
ever elected transgender woman in the House of Representatives in May.

The first Senate version of the anti-discrimination bill is filed on August 11 by Senator Risa
Hontiveros, while its House counterpart remains pending.

2017

After 17 years since its first filing, the anti-discrimination bill is passed by the 17th Congress on its
third and final reading on September 20 with a vote of 197-0 in the House of Representatives. 

15
2018

On August 8, CNN Philippines reports that 5 senators who include Hontiveros, Loren Legarda, Ralph
Recto, Franklin Drilon, and Juan Miguel Zubiri express support for the bill. Opposing senators include
Manny Pacquiao, Joel Villanueva, and Senate President Tito Sotto.

The CHR backs the passage of the bill through a position paper dated October 8.

2019

The anti-discrimination bill is due for passage by June before the 17th Congress adjourns. The bill
languishes after suffering 3 years of interpellations.

On August 13, Gretchen Diez is blocked by a female janitress from using the women’s restroom. The
janitress apologizes, but Diez vows to keep fighting for the rights of her fellow LGBTQ+
members. (READ: Gretchen Diez comes out)

After Hontiveros delivers a privilege speech on August 14, renewing her call for Congress to pass the
SOGIE bill, Senators Imee Marcos and Bong Go throw their weight behind it.

Meanwhile, several senators express confusion. Senator Aquilino Pimentel III asks for a definition of
trans woman, Senator Panfilo Lacson brings up the danger of voyeurism, and Senate President Tito
Sotto wonders, “why that lengthy letters? Why not just Homo sapiens?”

Diez meets with President Rodrigo Duterte on August 19, and says he supports her and her push for
the SOGIE bill.

Sotto strikes back with another remark about the bill having “no chance” of passing the Senate if it
“transgresses on academic freedom, religious freedom, and women’s rights.” – Rappler.com

16
SOGIE Equality Bill a ‘class legislation’, says Sotto

Ian Nicolas Cigaral - Philstar.com

September 4, 2019 | 5:36pm

While there are city ordinances that protect the rights of the gay community, activists have
expressed concern that the absence of an anti-discrimination legislation for LGBTs and stiff
opposition from religious groups and conservative senators could offset any progress made at the
local level.

The STAR / Walter Bollozos, File

MANILA, Philippines — Senate President Vicente Sotto III said Wednesday he was “very doubtful”
that the SOGIE Equality Bill would clear the Senate hurdle, adding that the proposed measure is a
“class legislation” that would violate women’s rights.

LGBT Filipinos still face discrimination despite seemingly high tolerance in the predominantly
Catholic Philippines, prompting some lawmakers to file a bill that would penalize discrimination
based on a person’s SOGIE, or Sexual Orientation, Gender Identity and Expression.

Speaking to reporters, Sotto, a religious conservative, said the SOGIE bill supposedly tramples on
women's rights, academic freedom and religious freedom.

“If you are a man, you will never be a woman, no matter what you do, because you cannot
reproduce. You cannot give birth, you do not have ovaries,” Sotto said in a media interview, a
transcript of which was posted on the Senate’s website.

“You will never be a woman. So this, to me, the SOGIE bill is a bill against women's rights and it's
giving transgender rights (unclear), so it's class legislation,” he added.

While there are city ordinances that protect the rights of the gay community, activists have
expressed concern that the absence of an anti-discrimination legislation for LGBTs and
stiff opposition from religious groups and conservative senators could offset any progress made at
the local level.

Sen. Sonny Angara had filed a “comprehensive” anti-discrimination bill, which has been pending on
the committee level. In the same media interview Wednesday, Sotto said he prefers Angara’s
proposal, arguing that the SOGIE bill “is so concentrated on the G of the LGBT.”

Sen. Risa Hontiveros had said the SOGIE Equality Bill she filed at the Senate does not infringe on
religious doctrines, teachings and rights. 

"It starts with accepting the fact that LGBTQ+ persons should enjoy the same rights as everyone –
including the right to live peacefully, and to not be treated as a lesser person," Hontiveros said.

17
No, the SOGIE bill won’t legalize necrophilia, pedophilia

Xave Gregorio - Philstar.com

November 4, 2020 | 5:18pm

A protester holding a rainbow flag and placard stands next to policemen during a gay pride march
near Malacanang palace in Manila on June 26, 2020. The protest was held amid a ban on public
gatherings as a general community quarantine is in effect to control the spread of the Covid-19
pandemic. The protesters, members of an LGBT group, raised concerns over the plight of the
LGBTQ+ community amid the pandemic and also voiced opposition to a proposed law that they
alleged gives the state greater powers to crush both terrorism as well as legitimate dissent.

AFP

MANILA, Philippines — The proposed bill that would ban discrimination on the basis of sex, sexual
orientation, gender identity and expression (SOGIE) will not legalize necrophilia and pedophilia.

This is contrary to the suggestion of a resource person from religious group Coalition of Concerned
Families during a House hearing on Wednesday that sexual orientation may also encompass
necrophilia and pedophilia.

Lawyer Lyndon Caña from the group said that the anti-discrimination bill, also known as the SOGIE
Equality Bill, does not put a limit to sexual orientations as it uses the term “LGBTQ+”

The plus is there to denote other sexual orientations and gender identities not encompassed under
the LGBTQ (lesbian, gay, bisexual, transgender and queer) acronym.

“When will this end? When will the orientation end?” Caña said. “For example, if an old man is
attracted to very young children, that’s sexual orientation. That’s pedophilia. So included din ba yan
sa fundamental human right? How about those who are sexually attracted to the dead?
Necrophilia.”

Unlike being gay, straight or bisexual, necrophilia and pedophilia are not sexual orientations. Both
are considered as paraphilic disorders under the fifth edition of the Diagnostic and Statistical Manual
of Mental Disorders.

Rep. Geraldine Roman (Bataan) was also enraged at the absurdity of the suggestion linking the
LGBTQ+ community to pedophilia and necrophilia.

“How dare you! We are here in the House of Representatives, you will seriously think that we will
legislate something that would allow necrophilia and pedophilia?” Roman said.

What is it actually about?

The SOGIE Equality Bill does not contain any language that would legalize necrophilia or pedophilia.

The proposed law has been pushed for decades in Congress to protect against SOGIE-based
discrimination in the workplace, educational institutions, healthcare facilittes and public places,
among others.

It does not grant special rights to the LGBTQ+ community, Roman said, but protects them from being
discriminated against.

18
“Stop staying that these are special privileges. What is so special about the right to study? The right
to work?” she said.

It is a hot button issue for religious groups who feel that their religious rights would be trampled on
by the measure, which was passed unanimously by the House of Representatives in the previous
Congress, only to be sat on by the Senate which was controlled by a conservative leadership.

But Roman, one of the authors of the bill, said that this is not the case.

“Nothing in this bill will stop you from thinking that I am a sinner or that I am an abomination in the
eyes of the Lord,” said Roman, herself a transgender woman.

Why the need for a specific law on SOGIE?

A potential compromise floated by Lighthouse Bible Baptist Church Bishop Reuben Abante is for
Congress to first pass a comprehensive anti-discrimination law which would prohibit all forms of
discrimination, not just SOGIE-based discrimination.

But Roman, who also authored that measure, said there are attempts to remove language on SOGIE
from the measure, thus leaving out the LGBTQ+ community without protection.

“Enough of saying that we have enough laws. We don’t have enough laws. To say that we have the
Constitution is just a simplistic way of viewing things. We are here in Congress to craft enabling laws
to protect marginalized sectors,” Roman said.

The Commission on Human Rights (CHR) also backed the immediate passage of the measure as it
recorded several incidents of discrimination and other forms of abuse against the LGBTQ+ sector.

Being accused as a carrier of the new coronavirus and being excluded from the government’s cash
aid program are just a few of the discriminatory acts against LGBTQ+ people reported to the CHR.

“The current laws that we have are not sufficient to protect our LGBTQ,” Twyla Rubin of the CHR’s
Centers for Gender Equality & Women’s Human Rights said. “We need to acknowledge the
marginalization of a community in order to better address their marginalization and discrimnation.”

19
Congress divided on SOGIE bill

Edu Punay - The Philippine Star 

September 8, 2019 | 12:00am

Several members of the lower house expressed support for the controversial measure, while others
have registered their strong opposition.

MANILA, Philippines — Lawmakers in the House of Representatives are divided over the Sexual
Orientation and Gender Identity or Expression (SOGIE) bill.

Several members of the lower house expressed support for the controversial measure, while others
have registered their strong opposition.

Among the supporters of the SOGIE bill, Anakalusugan party-list Rep. Mike Defensor believed that
the proposed measure is necessary to address discrimination against members of the lesbian, gay,
bisexual and transgender (LGBT) community.

“For me, I view this as protection of rights of LBGT. There’s a different perspective saying this is
imposing rights of LGBT on others. But for me that’s not the case. This is just to address
discrimination because in promotion or designation in workplace there should be no discrimination
based on gender identity and biases,” he said during the airing of The Chiefs on One News last
Thursday night.

Defensor said he agrees with the concern of critics that the SOGIE bill has some problematic
provisions, including one that prohibits engaging in public speech to shame LGBT members.

He conceded that such a provision would clash with religious freedom, as churches normally attack
the LGBT community in their worship activities.

“But you can still pass this law because that provision is easy to fix. You can just put the phrase
‘subject to recognition of religious freedom’,” he suggested.

On the other hand, Deputy Speaker and Cibac party-list Rep. Eddie Villanueva has led the opposition
to the SOGIE bills filed in Congress.

In his recent privilege speech, the television evangelist-turned-politician urged his colleagues in
lower congress to reject the proposed law that regained support following the recent discrimination
incident against transgender woman Gretchen Custodio Diez in a mall in Quezon City.

The Jesus Is Lord Church Worldwide founder stressed that such a measure is not necessary since “all
fundamental rights of a person – regardless of his/her ethnicity, social class, religious affiliation or
gender identity – are already enshrined in our existing laws. Violation of such rights will be penalized
accordingly. To enact another law that upholds one sector’s perceived rights over the rights of other
people who do not belong to that sector is simply unfair and, in fact, equally discriminatory. It will be
a law of ‘preferential rights,’ a ‘class legislation,’” he stressed.

Meanwhile, Sen. Imee Marcos said yesterday that the SOGIE bill is “dead” in the Senate.

Marcos, who filed her version of the SOGIE bill, lamented that discussions on the proposal in the
Senate as well as outside Congress have become too acrimonious that the measure has become a
casualty.

20
She asserted her support for the bill, citing her roots in the creative industry. “We certainly owe
them a great deal,” the senator told the Manila Overseas Press Club. “But at the same time, I believe
the SOGIE bill in the Senate is dead. I think it is over,” Marcos lamented.

“The politics or the strategy has been all wrong so that it’s become very, very controversial,
unnecessarily so,” she added.

She, however, is pinning her hopes on President Duterte’s promise to create a body for the LGBT
community.

“So it’s very important that we hang on to that. At the end of the day we are all for the persecuted,
the oppressed, the prejudiced and the abandoned,” the senator said.

Meanwhile, Senate President Vicente Sotto III hit back at those who criticized his statement against
the bill.

“I hate to say this but I have to. If you are a man, you will never be a woman. No matter what you
do, because you cannot reproduce, you cannot give birth, you do not have ovaries, you will never be
a woman,” Sotto told reporters on Wednesday.

“Can a man who feels he is a woman apply for maternity leave to be equal to biological women?” he
continued on Twitter yesterday after members of the LGBT community maintained giving birth is not
the only mark of being a woman.

Responding to the comments of Sotto, actor-comedian Vice Ganda, on his Instagram, expressed a
lengthy disagreement, asking the lawmaker if what he said was a joke. “Are you saying you believe
that, to be a woman, you have to have ovaries or a uterus and have the ability to get pregnant or
give birth?” he began, posting the caption in Filipino.

Vice Ganda also asked Sotto if women who’ve had their ovaries removed due to illness, or who are
unable to get pregnant, could still be called “women.” – With Paolo Romero, Cecille Suerte Felipe

21
‘SOGIE bill to protect LGBT Muslims in Mindanao from discrimination’

Ian Nicolas Cigaral - Philstar.com

September 4, 2019 | 4:27pm

Rhadem Morados of Mindanao Pride Core attends the Women, Children, Family Relations and
Gender Equality committee hearing on S. Nos. 159, 412 and 689 - Anti-Discrimination Act chaired by
Sentor Risa Hontiveros in the Senate on Wednesday, September 4, 2019.

The STAR / Geremy Pintolo

MANILA, Philippines — Passing the SOGIE Equality Bill would bring attention to the plight of LGBT
Muslims in Mindanao who are experiencing more extreme discrimination and would provide
protection for them, a member of the Muslim community told a Senate panel Wednesday.

LGBT Filipinos still face discrimination despite seemingly high tolerance in the predominantly
Catholic Philippines, prompting some lawmakers to file a bill that would penalize discrimination
based on a person’s SOGIE, or Sexual Orientation, Gender Identity and Expression.

At a Senate hearing on the SOGIE bill, Rhadem Morados, a member of the Mindanao Pride Core,
urged senators to pass the measure to protect gay Muslims in the restive Mindanao region from
discrimination.

'Discrimination worse than in Luzon'

Morados said he heard stories about LGBT Muslims in Mindanao undergoing “conversion therapy”
through forced marriages and military training, adding that discrimination in Marawi City alone got
worse when the principal Islamic City was attacked by terrorists last year.

He said some locals blame the growing number of LGBT Muslims for the five-month siege that
flattened Marawi, putting LGBTs there on the receiving end of violence and discrimination.

“We should really put into consideration that the lives and human dignity of LGBT in Mindanao are
far worse compared in Luzon,” Morados said.

“And I think the SOGIE Equality Bill will help out that these communities should be protected from
violence,” he added.

‘SOGIE bill to address commonality of religions’

Senate President Senator Vicente Sotto III — a religious conservative — had said the SOGIE bill has
no chance of passing the upper chamber, arguing that the proposed measure supposedly tramples
upon women's rights, academic freedom and religious freedom.

While there are city ordinances that protect the rights of the gay community, activists have
expressed concern that the absence of an anti-discrimination legislation for LGBTs and
stiff opposition from religious groups and conservative senators could offset any progress made at
the local level.

At Wednesday’s Senate hearing, Morados said the SOGIE bill would unite religions to fight
discrimination.

22
“At the end of the day, there are religious policies of Islam that do not agree with the Christian
religious policies and Christian policies that do not adhere to Islam policies and also to the
indigenous policies,” he said.

“But the SOGIE bill will address the commonality which is to protect everybody regardless of faith,
gender and race,” he added.

23
SOGIE bill will not outlaw Bible-based beliefs on LGBTs

Jonathan de Santos - Philstar.com

September 3, 2019 | 12:10pm

Under the SOGIE Equality Bill, "[promoting and encouraging] stigma on the basis of SOGIE in the
media, in educational textbooks, and other medium" is considered a discriminatory practice and
penalized. 

MANILA, Philippines — Christians like Rep. Eddie Villanueva (CIBAC party-list) and other religious will
not be penalized for their beliefs, including that LGBTQ+ people are living sinful lives, if the SOGIE
Equality Bill becomes a law since it respects religious freedom, the author of one version of the bill
said.

In a privilege speech at the House of Representatives in late August, Villanueva—leader of the Jesus
is Lord movement—lamented that passage of the bill would silence him and others who believe that
homosexuality is a sin.

"What happens to a Christian like me and to the majority of people in this August chamber if we are
to be threatened with punishment every time we share our Bible-based beliefs on matters of
transgenders and homosexuals?" he said.

In an email to Philstar.com, Sen. Risa Hontiveros said the SOGIE Equality Bill she filed at the Senate
does not infringe on religious doctrines, teachings and rights. 

Under the SOGIE Equality Bill, "[promoting and encouraging] stigma on the basis of SOGIE in the
media, in educational textbooks, and other medium" is considered a discriminatory practice and
penalized. 

"Inciting violence and sexual abuse against any person or group on the basis of SOGIE is likewise
prohibited," the bill reads.

Hontiveros said "the bill respects religious freedom as a basic human right", adding the bill was filed
to end discrimination against and abuse of people based on their SOGIE—their sexual orientation,
gender identity or expression.

"It starts with accepting the fact that LGBTQ+ persons should enjoy the same rights as everyone –
including the right to live peacefully, and to not be treated as a lesser person," she said.

Not 'same-sex marriage in diguise'

At a press conference at the House of Representatives in August, Rep. Geraldine Roman (Bataan),
the first transgender woman elected to Congress, stressed SOGIE equality does not mean people
have to let go of their religious beliefs.

"Nothing will stop you from believing that we LGBT are abominations in the eyes of the Lord or are
children of the devil," she said. 

"Nothing will stop you from that, you will not be penalized for believing what you believe in, but
please do not step on our right to work, to study, to receive services from the government, to access
commercial and public establishments... to not be insulted on the streets."

"The SOGIE Equality Bill is not same-sex marriage, it is not an infringement on your religious
liberties," she said.

24
The SOGIE Equality Bill does not amend the Family Code of the Philippines, which states that
"marriage is a special contract of permanent union between a man and a woman entered into in
accordance with law for the establishment of conjugal and family life."

Hontiveros, in an email, said "[claims] that the bill will compel churches and priests to perform same-
sex marriage is fake news." 

SOGIE bill recognizes schools' rights

Villanueva and other critics of the bill have said that schools could be shut down for turning away,
for example, a transgender male applying for admission to an all-boys' school or for expelling "a
trans woman who insists on cross dressing despite getting a ton of warnings."

But Hontiveros said that the bill "recognizes the right of certain sectarian, religious schools to
operate based on their faith and in line with the best interest of children."

The SOGIE bill penalizes refusing admission or expelling a person on the basis of their SOGIE, but also
adds that "the right of educational and training institutions to determine the academic qualifications
of their students or trainees shall be duly upheld."

The bill also penalizes a school or training institution for imposing harsher sanctions and penalties on
students on the basis of their SOGIE and even on the basis of their parents' or legal guardian's SOGIE.

Inclusion and protection in schools

Hontiveros said that the bill will mandate public basic and higher education institutions to
implement policies for diversity and inclusion "that reaches out to LGBTQ+ youth who are more
prone to suffer severe mental health issues compared to cisgender-heterosexual (“straight”)
children."

She said LGBTQ+ youth are more vulnerable to mental health issues because of non-acceptance and
bullying the students may face in schools from fellow students as well as from school officials.  

"Sadly, this has led to many cases of self-harm, even suicide," she said.

In a 2017 report, Human Rights Watch pointed out that many LGBTQ+ students face bullying and
discrimination and that most schools are not equipped to give them the support they need.

"When I was in high school, they’d push me, punch me," Carlos M., a respondent in the HRW report
said. He also said abuse and bullying happened even outside the school grounds. 

This, despite a law against bullying and Department of Education guidelines prohibiting bullying on
on the basis of sexual orientation and gender identity, HRW said.

Many of the respondents said then that they were not aware of policies against bullying or did not
know who to turn to in case they were bullied or harassed.

"Unfortunately, positive information and resources regarding sexual orientation and gender identity
are exceedingly rare in secondary schools in the Philippines. When students do learn about LGBT
people and issues in schools, the messages are typically negative, rejecting same-sex relationships
and transgender identities as immoral or unnatural," HRW said in 2017. 

'Equality is not special treatment'

Critics of the bill have also claimed that it privileges LGBTQ+ over all other Filipinos.

25
"To enact another law that upholds one sector's perceived rights over the rights of other people who
do not belong to that sector is simply unfair, isn't it? In fact, equally discriminatory, it will be a law of
preferential rights, a class legislation," Rep. Villanueva said in his privilege speech.

Hontiveros said, though, that what the bill espouses is equal treatment.

"Numerous cases of discrimination against LGBTQ+ persons point to a lack of legal support for these
cases," she said.

"Employers can choose to discriminate against LGBTQ+ persons on the basis of their SOGIE, trans
people can be refused service in establishments, and gay men can be denied access to health
services because of stigma. These are no laws protecting the LGBTQ+ persons based on their SOGIE,"
she also said.

Roman, at the press conference in August, said that the access to services and protection from
discrimination and harassment that the SOGIE Equality Bill espouses "are not extra rights, these are
not priviliges." 

These are the same rights enjoyed theoretically by many Filipinos," she also said.

26
It’s up to Congress to act on SOGIE bill – Palace

Christina Mendez - The Philippine Star 

August 25, 2019 | 12:00am

“With respect to any bill, the discretion the wisdom will always lie on the lawmakers,” presidential
spokesman Salvador Panelo said.

MANILA, Philippines — Malacañang is leaving it to lawmakers to decide on the fate of the Sexual
Orientation and Gender Identity and Expression (SOGIE) Equality bill, presidential spokesman
Salvador Panelo said yesterday.

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

The SOGIE bill is facing an uphill battle at the Senate after Senate President Vicente Sotto III and
several other senators expressed no need for such measure since there are enough provisions in the
law, giving equal protection to all sexes.

Regardless if the measure is being strongly supported by the President, Panelo said the Senate and
the House of Representatives will decide on it independently, as they are collegial bodies
independent from Malacañang.

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

The Palace maintains the stance even after President Duterte met with transgender woman
Gretchen Diez and other LGBTQ rights advocates at Malacañang last week.

Diez recently figured in an altercation with a janitress in a Quezon City mall, which revived debates
over anti-discrimination issue.

Sotto said proponents of the SOGIE Equality bill tried to “smuggle” a provision of allowing same-sex
marriage.

He pointed out that although Sen. Risa Hontiveros said same-sex marriage was not mentioned in the
proposed measure, there was a provision that says that any government agency that refuses or fails
to grant same-sex marriage license can be held for discrimination.

“So, if we are both male, then we can secure a marriage license. If you will not grant you can be
jailed, penalized. What does it mean? Same sex marriage,” he said in Filipino during an interview
over DWIZ.

He added the proponents could simply opt to delete that provision.

“But you also mentioned that (provision) in the House version although it was deleted. But when this
reaches the bicam level, you will put it in again. We cannot allow those to reach the bicam level,” he
also said.

The Senate President cited that the SOGIE bill only focuses on gay rights but the lesbians do not even
stand to benefit from it.

He said that the equal rights that the transgenders are calling for might affect the rights of women—
something that he will not allow to happen. He suggested that the women’s groups, academician,

27
religious and other stakeholders will be invited to the SOGIE hearing to get their perspectives on the
matter.

“This time I am speaking for the women. This is a women’s rights issue, it’s no longer a transgender
rights issue because, in my view, the bodies of women are temples and the toilets, to them, are
sacred. We could not just allow someone to enter the women’s toilets because it is there that they
are at their weakest,” Sotto also said.

He maintained that the SOGIE bill is just redundancy of the anti-discrimination bill.

Sotto revealed that he has been receiving letters, which indicated that the alleged discrimination
incident at a mall in Quezon City could be scripted to get public attention and press the passage of
the SOGIE bill. – With Cecille Suerte Felipe

28
'Call them sir or ma'am,' Risa says amid senators' SOGIE 'confusion'

Kristine Joy Patag - Philstar.com

August 15, 2019 | 1:26pm

MANILA, Philippines — With discrimination experienced by a trans woman at a mall in Quezon City
prompting a renewed push for passage of the SOGIE Equality bill, some lawmakers admitted
confusion on what LGTBQIA+ means.

Sen. Risa Hontiveros on Wednesday brought to the Senate floor on Thursday the discrimination that
trans woman Gretchen Diez experienced at Farmers Plaza in Cubao.

Diez wanted to use the restroom to pee, but she found herself in handcuffs and brought to Camp
Karingal after a cleaning staff verbally harrassed and barred her from using the female restroom.

“What this underscores, Mr. President, is that there is a grave and urgent need for a SOGIE Equality
Bill. The time has come to say that we will not allow that LGBTQI persons would be handcuffed,
slapped, insulted because of gender,” Hontiveros stressed.

SOGIE refers to sexual orientation and gender identity or expression.

Some senators however admitted to confusion with the terms in the anti-discrimination bill that
"seeks to protect individuals and communities that experience human rights violations on the basis
of SOGIE."

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More letters, more gender identities in the LGBTQIA+

Senator Koko Pimentel wanted to know what the letters in LGTBQIA+ mean.

“Does this ever end?” he added in Filipino.

Hontiveros explained that more identities have been added as people learn more about human
sexuality.

“There are a lot of colors, a lot of shades... so the spectrum may be forever being further refined as
we continue to know more about ourselves,” she said in Filipino.

Senate President Vicente Sotto III noted that the LGTBQIA+ has become a mouthful, as more letters
were added to it.

“Why not just homo sapiens? We’re all the same,” he pointed out.

Sotto added: “Why do we have to segregate the gays from the lesbians from the straight guys?”

Hontiveros explained that there would not have been a need to “segregate” if there was no
discrimination.

“I agree with you, if the human civilization and our societies evolved to the point that there is no
discrimination, there is equality for all, regardless of identity, regardless of expression. But this did
not happen,” she said.

Transgender, transsexual, transvestite

29
Sotto said he wanted clarity on the differences between a transgender, transsexual and a
transvestite.

Hontiveros explained that transvestite is "an old term" that tends to be derogatory.

"Their self-identification as transpersons is either transman, transwoman, transgender or

transsexual," she said.

“Transgender is a more all embracing term,” she added. Persons who identify as transgender are
those whose gender identity does not conform with the sexual organ they were born with, which is
also called the assigned sex.

Those who may have undergone an operation to change their sex meanwhile identify themselves as
transsexual.

She added that transsexual may be deemed a “subset” of the transgender.

Gordon: Policeman? Policewoman? Policequeer?

Sen. Richard Gordon, chair of the Senate’s blue ribbon committee, meanwhile said that this may
pose a change in how the public addresses other people.

"How would you now call a police LGBTQ?... Police queer? Or if he is a gay police officer?" Gordon
asked.

Hontiveros replied that they may just be referred to as "sir" or "ma'am", and a police rank may be
added too.

The senator also said that they may be easily referred to as a police officer.

Rep. Geraldine Roman (Bataan), who is a transgender woman, is adressed representative or

congresswoman.

30
Belmonte condemns discrimination vs transgender woman at Cubao mall

Philstar.com

August 14, 2019 | 9:19am

In this file photo, a pedestrian crossing at Araneta Center Cubao is painted in rainbow colors for
Pride Month.

The STAR / Michael Varcas

MANILA, Philippines — Quezon City Mayor Joy Belmonte has ordered a check on compliance with
the city's Gender Fair Ordinance after discrimination against a transgender woman at a mall in
Cubao on Tuesday night.

Gretchen Custodio Diez, a transgender woman, was blocked from using the women's restroom at
Farmers Market in Cubao on Tuesday.

She brought to the mall's security office when she later tried to take a video asking the maintenance
staff who barred her from the restroom why she wasn't allowed inside.

She was later brought to the Cubao police station and then to the Quezon City Police District's Anti-
Cybercrime Division in Camp Karingal for taking the video without permission.

"We condemn this kind of discrimination towards members of the LGBT+ community," Belmonte
said in a statement to media.

The Quezon City government passed an ordinance in 2014 that penalizes discrimination against
LGBTs, which includes heckling, verbal or non-verbal ridicule and vilification as well as the refusing
services and accomodations based on a person's sexual orientation, gender identity and expression
(SOGIE).

The ordinance also requires government agencies, private offices and commercial establishments to
"designate toilet rooms and lavatories labelled as all gender [comfort rooms]." 

Citing the city's Gender Fair Ordinance, Belmonte said in Filipino that "the city prohibits all kinds of
discrimination and protects and respects the dignity and human rights of all, especially the LGBT+."

She added the incident should not have happened since the ordinance requires "all-gender toilets"
in establishments, saying in the statement that the mall had "clearly violated" this provision.

"I am ordering the Business Permit and Licensing Department to make sure that all business
establishments are complying with the Gender Fair Ordinance," she also said.

Belmonte also assured the LGBT+ community that the city respects their rights and will always be "a
home for their sexual orientation, gender identity and expression."

'Harassed for living her truth'

Sen. Risa Hontiveros, who has been pushing for passage of a bill against discrimination based on a
person's SOGIE, called the incident unaceptable.

"She is being harassed for living her truth. Discrimination against transgender people has to stop!"
Hontiveros said in a Facebook post on Tuesday night.

31
Rep. Geraldine Roman (Bataan), the first transgender woman at the House of Representatives, went
to Quezon City Police Station 7 to show support for Diez and to explain to the mall's custodial staff
that discrimination against LGBTs is not allowed in the city.

"She is a person and a fellow Filipino who has the right to relieve themselves and to use the
restroom," she said in Filipino in a video posted on Facebook, saying the incident is a "very bad
reflection on the lack of gender sensitivity" at the mall.

Roman also assured Diez that allies in Congress who will "defend the rights and dignity of all
Filipinos, including the LGBT."

She also told media that she will call for an investigation in aid of legislation over the incident.

"The LGBT community might be a minority but they are still Fils whose rights have to be protected
and we as members of Congress have to stand up for equality," she also said.

SOGIE bill

The proposed Sexual Orientation, Gender Identity and Expression Equality bill, which the 17th
Congress failed to pass was meant to address, penalize and prohibit "discrimination, marginalization,
and violence on the basis of sexual orientation, or gender identity or expression" and to promote
non-discrimination through government programs and initiatives.

According to House Bill 4982, sexual orientation is to whom "emotional, sexual attraction, or
conduct" is directed while gender identity is "the personal sense of identity as characterized, among
others, by manner of clothing, inclinations, an behavior in relation to masculine or feminine
conventions."

Gender expression, meanwhile, is "the communication of gender identity through means such as
behavior, clothing, and hairstyles, communication, or body characteristics."

The bill has been refiled at the 18th Congress. 

32
Mall management sorry for discrimination of transgender woman

Philstar.com

August 14, 2019 | 5:22pm

In this file photo from June 25, 2018, pedestrian crosswalks are painted in rainbow colors for Pride
Month.

Araneta Center handout photo, file

MANILA, Philippines — The management of Farmers Plaza on Wednesday apologized for

discrimination against a transgender woman and distanced itself from the incident, saying a member
of the cleaning crew involved is not an employee.

Gretchen Diez, a transgender woman, was blocked from using the women's restroom at the Cubao
mall on Tuesday and later brought to the police station for taking a video of her encounter with the
mall staff without permission.

"We would like to apologize to Ms. Diez for the treatment she has received from a member of the
cleaning crew," Morriel Abogado, Farmers Plaza property general manager, said in a statement.

"We also would like to extend the apology not just to the LGBT community but to the public in
general for the actions of said crew member," Farmers Plaza management also said.

Management also said that it is reviewing all reports as well as a video that Diez uploaded on
Facebook and that it will take "appopriate action."

"Management makes no distinctions between customers here, and the LGBTQ community has
always been welcome," it also said.

'Isolated incident'

Farmers Plaza however said that Diez was not handcuffed at the mall as reported, and that it is
"unaware of the reason or basis why the police thought this was necessary at all."

It also said that mall management had no hand in the filing of the unjust vexation complaint against
Diez, which was later dropped.

The mall management said that was a personal decision of the member of the cleaning crew who it
stressed was "an agency worker not organic to our company."

It also said that what happened was an isolated incident, claiming also that it has "continuously been
training [its] frontliners and other personnel in customer care and proper response to complaints
and issues."

Farmers Plaza also said that it acknowledges that its efforts can be improved and that it hopes "to
open a dialogue with regard to issues invlving the LGBTQ+ community."

House inquiry readied

The mall management issued the apology on the same afternoon as Reps. Geraldine Roman (Bataan)
and Arlene Brosas (Gabriela) announced they are readying a joint resolution for House hearings on
the incident and on similar cases of discrimination against and harassment of members of the LGBT+
community.

33
Brosas said members of the Makabayan bloc also support the resolution.

The House of Representatives in the 17th Congress had managed to pass a bill penalizing
discrimination against people based on their Sexual Orientation, Gender Identity and Expression
Equality but the same measure faltered at the Senate.

Roman and Brosas said they would push for passage of that bill in the 18th Congress.

"The demographics of the 18th Congress are somewhat different," Roman said, noting that many
members are conservative, but that "there are hundreds of newcomers who are millennials."

She also said that opponents of the bill should stop demonizing the measure and claiming it will lead
to same-sex marriages, another measure that has faced stiff opposition in Congress.

"It is not an infringement on your civil liberties, it is simply protecting fellow Filipinos from
discrimination," she also said.

"Nothing will stop you from believing that we are abominations in the eyes of the Lord, or anak ni
Satanas...but do not step on our right to work, to study, to receive services from the goverment and
to not be disrespected," Roman said.

"These are not extra rights, not privileges," she said.

34
[OPINION] Conditional acceptance and why it’s not good enough for the LGBTQ+

JUN 26, 2022 1:04 PM PHT

JAYEEL CORNELIO, ROBBIN DAGLE

'But we also believe that religious freedom...can foster a more pluralistic and progressive society.
How so?'

Without batting an eyelash, many Filipinos will say that they accept the LGBTQ+. 

But the reality is that this acceptance is conditional. It comes in different forms. In their families,
queer people feel that they need to prove their worth before they are accepted. Many Filipinos
know what this means. Usually, this has to do with their ability to provide for the family. 

Sociologist Ash Presto’s work in rural communities validates this point. Based on interviews with gay
teenagers, she shows how their acceptance is tied to the financial contributions they make to the
family.

In the religious sphere, conditional acceptance comes in many forms, too. For some, this means
those in the gender minority are accepted as long as they do not engage in any sexual relations.

Not good enough

Conditional acceptance is difficult to challenge. After all, those who adhere to it believe that what
they do is out of love. 

Nowhere is this more pronounced than in conservative religious circles. For these people, to “love
the sinner but hate the sin” is their greatest mission in life.

And yet conditional acceptance is not good enough. 

Its moral assumption, first and foremost, is that the LGBTQ+ are not good enough. This is why it
places the burden on the LGBTQ+ to modify their behaviors. In extreme cases, they are asked to
deny who they are before they’re recognized as legitimate members of the family or church. In this
light, providing for the family compensates for their feelings of inadequacy. With an elevated
economic power, perhaps they can demand respect.

But there’s another reason why conditional acceptance is not good enough. It fails to hold a mirror
up to oneself. It draws on a moral worldview that all queer people are inherently evil.

Senator Manny Pacquiao once described same-sex couples to be “worse than animals.” A staunch
Evangelical, he made this statement based on what he believed to be a biblical teaching. While he
later on apologized for it, he nevertheless stood his ground that “I’m just telling the truth of what
the Bible says.”

In 2015, the Catholic Bishops Conference of the Philippines (CBCP) called on politicians to refuse the
legalization of same-sex marriage. “There are absolutely no grounds,” according to the CBCP, “for
considering homosexual unions to be…remotely analogous to God’s plan for marriage and the
family.”

Conditional acceptance is discrimination

35
Ultimately, conditional acceptance is not good enough because it fails to recognize that
discrimination is an everyday reality for queer people. Too often, these encounters are not isolated
to one space alone. They occur in the most intimate of spaces such as the family and the church.

Allow us to recount a story based on our project on queer young adults who grew up in Christian
families. 

Jadie, 25, is a member of one of the fastest-growing evangelical groups in the Philippines. To
describe his experience as a gay man in his congregation, he uses the Filipino word for suffocation
(nasasakal). 

Having been raised in a tight-knit community by parents active in church, Jadie had taken on some
responsibilities himself in several ministries. He knew how difficult the situation would be if his
congregation, which opposed the SOGIE Equality Bill, discovered his gender and sexuality. 

He had in fact already come out to his parents but was asked to reform his ways. And when Jadie
was later diagnosed with HIV, he did not expect the reaction he received from his parents:

“In my mind, I was expecting that the conversation would lead them to ask these questions: ‘What
do we have to do? We need to have a medical check-up. What procedures are needed? What
medicines do you need to take?’ But no. The conversation went, ‘ Why are you gay again? I thought
you were already straight. I thought the Lord had changed you.’”

Jadie’s experience echoes that of many other people living with HIV. Many of them experience
stigma due to the disease’s association with immorality and sin.

Solidarity

Such cases of discrimination — whether in public or private — are left unaddressed, largely due to
the absence of anti-discrimination legislation. As we argued in another piece, religious freedom has
been weaponized to block measures such as the SOGIE Equality Bill. 

But we also believe that religious freedom — one which we describe as “robust” — can foster a
more pluralistic and progressive society. How so?

First is by paying attention to various modes of discrimination — yes, even in religious spaces — and
addressing them through policy interventions such as the SOGIE Equality Bill.

Second is by building solidarity — especially in faith communities — that assert gender minorities’
rights, including religious freedom. This is already seen in LGBTQ+-affirming churches such as the
Metropolitan Community Church and some mainline Protestant denominations. But affirming spaces
also exist — or can be made to exist — within more conservative denominations such as the Catholic
Church and even Evangelical communities. 

Building solidarities — within and across genders, creeds, and class — is more crucial than ever in a
society that conditionally accepts LGBTQ+ persons but has also seemingly come to accept the
degradation of truth and human rights.

Ultimately, this is why conditional acceptance is not good enough. Only in resisting together and in
recognizing their interlinked struggles can queer people make space for themselves and for others. –
Rappler.com

Manny Pacquiao and the Bible

36
FEB 17, 2017 9:00 AM PHT

CARMELA FONBUENA

Inasmuch as many of us are irritated at Manny Pacquiao for using the Bible in the Senate, the reality
is that he is not the enemy here

He has been criticized tremendously but Manny Pacquiao does not back down.  That’s what happens
when you have a religious individual with the tenacity of an athlete joining the Senate.

Many people might not want Manny in the Senate.  But here’s the incontrovertible truth: he won a
seat and he represents the conservative worldview of many Filipinos.  He has been criticized for his
statements on homosexuality, Jennifer Laude, cross-dressing, and the death penalty.  

But he presses on, precisely because Manny Pacquiao’s statements resonate with the conservative
worldview of many Filipinos. That worldview, however, is implicit and that is what makes it more
treacherous.  

To prove my point: There are prominent LGBT figures in the entertainment industry and their
flamboyance makes us laugh. But when they show up in our household, we tame them. And when it
is our children who are involved, we punish them. And when someone is killed for being a
transgender, we think it is justified. 

Fundamentalism

Manny Pacquiao can continue to preach not just because he reads the Bible everyday.  He can get
away with his Bible-thumping speeches because he has a captive audience.  These are the people
who think that their conservative worldview on gender and the death penalty is justified because it
is the law of God.  

Forget the fact that many Filipinos do not read the Bible. The point is that they are implicitly
convinced that the Bible supports their convictions. Even those who don’t own a Bible will readily
say that God created Adam and Eve, not Adam and Steve.  

It is in this light that there is a close connection between fundamentalist religiosity and intolerance.  

Fundamentalism has a long religious history especially in Christianity. But it has become increasingly
associated with extremism and a literalist view of the Scriptures. In other words, fundamentalists
take many of the statements of the Bible at face value.  

This is not a new development in the Philippines. In the 1990s, my colleague, Dr Ricardo Abad,
documented a notable shift in the attitude of Filipinos toward the Bible. In 1991, a national survey
showed that 55% of Filipinos agreed that “the Bible is the actual word of God, and it has to be taken
literally word for word.” The figure went up to 72% in 1998.  The most recent data shows that it was
75% in 2008.  

Our predominantly Catholic society is, in other words, fundamentalist.

This is why Manny Pacquiao has a captive audience. He can quote Bible verses to support the death
penalty and argue that those who engage in homosexual acts are “worse than animals”

Manny is not the enemy

Inasmuch as many of us are irritated at Manny Pacquiao for using the Bible in the Senate, the reality
is that he is not the enemy here. Pacquiao simply articulates the fundamentalism of Filipinos, many

37
of whom are not aware of the complexity of Biblical interpretation and progressive theological
thinking.

What we should find problematic is that Manny Pacquiao’s fundamentalist message seems to
resonate with his wider audience. This situation calls for incisive conversations on our deeply held
assumptions as a people.

There are, for one, apparent moral contradictions and they need to be confronted. How can we, for
example, talk about mercy and compassion when Pope Francis was here and a year or so later
entertain the need for the death penalty?  

It is for this reason that discussion among religious individuals, regardless of faith tradition, must be
opened up. People must not draw back from respectful religious conversations.  

Otherwise, our public sphere will be hijacked by only one interpretation, which in effect disregards
the depth of reflections other religious individuals and traditions might be able to offer.   

Some people have also criticized Manny Pacquiao for being too religious in the Senate.  But given
the inherent religiosity of Philippine society, there is no way that religion can be completely banned
from legislative speech and ordinary talk.  

And it must not be, especially because religion also has intelligent contributions to offer.  

But there is a caveat, what political philosophers call “mutual accountability.” Individuals like Manny
Pacquiao can draw from their religious convictions to advance issues they find important.  They
must, however, be willing to respond to objections based on reasons generally acceptable to people
who may not share the same faith. Secular values to which they need to appeal include equality and
the right to life.  

In the final analysis, Manny Pacquiao’s use of the Bible is not inherently problematic. A democratic
space must be able to welcome different perspectives.  

To me though the bigger controversy has to do with the quality of conversations shaping the future
of our society. When individuals rely on their religious worldview as the sole basis of truth and
wisdom, it creates enemies more than it builds bridges.

It is at this point that we need to be reminded of what our Constitutions says: We, the sovereign
Filipino people, are to “build a just and humane society.” – Rappler.com 

38
FALSE: SOGIE equality bill will ‘undercut’ freedoms, destroy family

SEP 6, 2019 12:24 PM PHT

RAPPLER.COM

The bill seeks anti-discrimination on the basis of SOGIE, not infringement on religious liberties or
parental authority

Claim: The following statements are included in the Sexual Orientation, Gender Identity, and
Expression (SOGIE) equality bill:

 Insulting members of LGBTQ+ (lesbians, gays, bisexuals, transgenders, queers, etc.) will
result in a penalty of P500,000 and imprisonment for 6 years and 6 months

 Assigning sex on newborns’ birth certificates is not allowed until they reach 12 years old

 Members of the LGBTQ+ can now kiss in public

 Priests and pastors who will refuse to perform marriage ceremonies of LGBTQ+ will be
stripped of their rights as leaders of their religious community

Facebook page Bongbong Marcos-Sara Duterte 2022 made these claims in a post on August 30. It
was accompanied by a photo, which said that the SOGIE equality bill will “undercut” parental
authority, religious freedom, freedom of conscience, and freedom of expression. It will also impose
the lifestyle of LGBTQ+ on straight people and silence the “straight community,” the post read.

Bongbong Marcos-Sara Duterte 2022’s post was shared over 15,000 times on Facebook. It also
garnered over 5,700 reactions and 5,200 comments as of writing and was flagged by Facebook Claim
check, the social media network’s tool that identifies suspicious posts.

39
The page credited a certain Facebook user Abad C Jhun as its source. Abad C Jhun posted the same
content on his timeline on August 28, but it did not receive any engagements.

Rating: FALSE

The facts: The SOGIE equality bill is an anti-discrimination bill that prohibits unfair treatment on the
basis of a person’s sexual orientation, gender identity, and expression. There are 4 versions of the
bill in the Senate, but none of them demand the things enumerated in the Facebook posts.
(READ: EXPLAINER: What you need to know about SOGIE)

The Senate bills (SB 689, 412, 315, 159) refiled and pending in the 18th Congress mirror House bill
No. 4982, which was passed on final reading in 2017.

The Senate version, on the other hand, did not even make it past 2nd reading in the 17th Congress.
(READ: TIMELINE: SOGIE equality in the Philippines)

There are no provisions in the bills that say assigning sex to newborns can be penalized, or that
same-sex marriage is now allowed. Insulting members of the LGBTQ+ will also not result in penalties
unless they are made to ridicule and harass a person because of their SOGIE.

What the bills propose, rather, is the equal access of the LGBTQ+ to basic rights and services. It
proposes the prohibition of the following discriminatory acts if made on the basis of SOGIE:

 Inflicting stigma using the media, textbooks, and other platforms

 Denying access to health and public services

 Denying the application for professional licenses and similar documents

 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

 Imposing harsher than customary disciplinary actions due to the student’s SOGIE

 Refusing or revoking accreditation of organizations based on the SOGIE of members

 Forcing a person to undertake any medical or psychological examination to determine or

alter one’s SOGIE

 Publishing information intended to “out” or reveal the SOGIE of a person without consent

 Subjecting any person to profiling, detention, or verbal or physical harassment on the basis
of SOGIE

 Preventing children under parental authority from expressing their SOGIE

 Subjecting any person to any analogous acts that will impair or nullify a person’s human
rights and fundamental freedoms

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.

40
Senator Risa Hontiveros, one of the authors of the bill, also tweeted on August 28 to clarify the
misconceptions surrounding it.

– Pauline Macaraeg/Rappler.com

Anti-discrimination bill fails to hurdle Congress

By Chad de Guzman, CNN Philippines

Published Jun 4, 2019 8:59:20 PM

The SOGIE equality bill was passed by the House of Representatives in 2017 with unanimous support
from 198 lawmakers without abstentions or dissent. In the Senate, it languished at second reading.

Metro Manila (CNN Philippines, June 4) — It's back to square one for the bill prohibiting
discrimination on the basis of sexual orientation, gender identity or expression -- after the Senate
failed to tackle the longest-running bill in the period of interpellations in the upper chamber at the
end of the 17th Congress session.

After 902 calendar days since Senator Risa Hontiveros sponsored it, and having languished at second
reading, the counterpart SOGIE equality bill at the Senate was not approved.

On the last day of Senate sessions, Hontiveros lamented at the pace the Senate attended to the bill.

"It was one of the first bills sponsored in 2016. Should we still debate about something as basic as
equality? For three years? Really?" Hontiveros said.

The SOGIE bill, which was first drafted 19 years ago, was passed by the House of Representatives in
2017 with unanimous support from 198 lawmakers without abstentions or dissent. SOGIE refers to
Sexual Orientation and Gender Identity and Expression.

Its Senate version was first filed in August 11, 2016. Hontiveros sponsored the measure in December
14 of the same year.

Since then, the bill has undergone six interpellations and five inquries. In August 8, 2018, Hontiveros
along with four other senators -- Loren Legarda, Ralph Recto, Franklin Drilon, and Juan Miguel Zubiri
-- expressed support for the passage of the measure.

Conservative senators Manny Pacquiao, Joel Villanueva, as well as Senate President Tito Sotto, have
expressed opposition to the measure.

The bill eyes protection for Filipino members of the lesbian, gay, bisexual, transgender,
queer/questioning (LGBTQ+) community against sex- and gender-based discrimination.

The House version of the bill penalizes those who commit discriminatory acts against LGBTQ+
Filipinos: a fine of not less than ₱100,000 but not more than ₱500,000, or imprisonment of not less
than one year but not more than six years or both, depending on the court's decision.

41
SOGIE Equality Bill needed to address LGBTQ+ sector’s special needs – solon

By Xave Gregorio, CNN Philippines

Published Aug 16, 2019 11:17:05 AM

Metro Manila (CNN Philippines, August 16) — A lawmaker stressed that a bill seeking to ban
discrimination on the basis of sex, sexual orientation, gender identity and expression (SOGIE) is
needed to address the special needs of the lesbian, gay, bisexual, transgender and
queer/questioning (LGBTQ+) sector.

“Mga kababayan, hindi po kami humihingi ng mga special rights and privileges. Kaya nga lang po,
talagang may isang sektor na may espesyal na pangangailangan na hindi natutugunan kasi noong
araw, hindi naman natin naiintindihan at hindi tanggap ‘yung LGBTQ [sector,]” Bataan 1st District
Rep. Geraldine Roman, the country’s first transgender lawmaker, told CNN Philippines’ The
Source on Friday.

[Translation: My countrymen, we are not asking for special rights and privileges. It’s just that there is
a sector with special needs which have not been addressed before because, back then, the LGBTQ
sector was not understood or accepted.]

Roman added that a bill that aims to shield LGBTQ+ people from discrimination needs to be separate
from a wider anti-discrimination bill, for the same reasons that other laws were crafted to protect
women, children and persons with disabilities.

“[These are] different sectors that have been traditionally marginalized in our society,” she said.

The arrest of a transgender woman for trying to use the ladies’ restroom in Farmers Plaza in Quezon
City has sparked a renewed push for the passage of a law that penalizes discrimination against
LGBTQ+ people.

Such a measure, called the SOGIE Equality Bill, was passed by the House of Representatives in the
previous Congress, but was blocked from passing in the Senate by senators who repeatedly insisted
to interpellate the proposed law.

Several lawmakers have refiled the measure in both chambers of Congress.

But some solons still doubt the necessity of passing this law, which they deem to be so specific for
LGBTQ+ people, even if advocates have said that this will also protect straight people from
discrimination based on their SOGIE.

Senate Majority Leader Juan Miguel “Migz” Zubiri has said that some senators would rather pass a
more comprehensive anti-discrimination bill that also bans discrimination on the basis of age,
ethnicity and religious belief, among others.

Senator Juan Edgardo “Sonny” Angara has filed such a bill in the upper house, while Roman filed a
similar measure in the lower chamber.

However, Roman still filed a separate bill banning discrimination on the basis of SOGIE.

“Hinihiwalay ko po ‘yung sa LGBTQ kasi iba rin ang kanilang circumstances,” she said.

[Translation: I am separating the measure for the LGBTQ because they face different circumstances.]

42
She also allayed fears that this would lead to the legalization of same-sex marriage in the country,
saying these concerns are “baseless” and “misinformed.”

The bill shielding LGBTQ+ people from discrimination has been languishing in Congress for almost a
decade.

Presidential Spokesperson Salvador Panelo claimed that President Rodrigo Duterte will support the
SOGIE Equality Bill, but could not say whether he will certify it as urgent.

Certifying a bill as ‘urgent’ allows it to be passed on third and final reading, immediately after it is
passed on second reading. Normally, a bill needs to wait three days after it is passed on second
reading before it is passed on final reading.

Pending the passage of a national law banning discrimnation on the basis of SOGIE, LGBTQ+
advocates are instead banking on local ordinances for their protection.

43
Last night's incident involving a transgender woman being prohibited from using the womans
washroom and resulting in being escorted off premises in handcuffs by local police only
highlights further, the Philippines need for implementation of the #SOGIEEqualityBill.

LGBTQ+ rights are HUMAN rights - mga karapatang pangkaligtasan at kalayaan mula sa
diskriminasyon, karahasan at pagmamalupit batay sa pagkakakilanlan.
The incident happened in a city that has an existing anti-discrimination bill. Ibig sabihin, walang
saysay ang isang bill na hindi maipatupad sa isang komunidad.
Kasabay ng hinihinging pagpasa ng #SOGIEEQUALITYBILL, dapat din tayong humiling ng mga
sumusunod bilang isang komunidad:

1. "Accessible forms of information for the public such as educational drives, programs and
awareness campaigns": para mas maintindihan natin ang mga pangangailangan ng LGBTQ+
community at para malaman natin ang mga bagay na maaari pa nating magawa bilang mga
kaalyado o mga taong may awa sa kapwa ❤. 2. "A SOGIE workplace policy": para sa lahat ng mga
pampublikong tagapaglingkod at mga taong may impluwensiya sa komunidad.
Gusto ko ring pagtuunan natin ng pansin
ang katotohanang wala dapat makaranas ng anumang uri ng pagpapahiya at pang-aabuso
(emotional, physical o sexual), LGBTQ+ man o hindi.

The whole arguement of shifting the blame to the victim for reasons of being trans to justify
abuse - is still victim blaming and IS NOT RIGHT. The blame should be on the perpetrators who
should be held accountable and corrective actions should be taken (in last nights case - points
one and two above could greatly help prevent future similar incidents from happening). Ang
LGBTQ + ay nakikipaglaban para sa kanilang mga karapatan - ang karapatan sa kaligtasan,
proteksyon at pagkakapantay-pantay - ay laban din natin. 🏳‍🌈 #SOGIEEqualityNow

44
Don't let restroom debate hinder SOGIE Equality Bill passage – LGBTQIA+ group

By Lara Tan, CNN Philippines

Published Aug 20, 2019 3:49:32 PM

 Metro Manila (CNN Philippines, August 20) — Amid the debate over the use of public restrooms by
the LGBTQIA+ community, groups urged lawmakers to look at the bigger picture before they decide
against the SOGIE (Sexual Orientation and Gender Identity and Expression) Equality Bill.

During the first public hearing of the bill at the Senate on Tuesday, neophyte senator and former
police chief Ronald “Bato” dela Rosa raised apprehensions on allowing transgender people to use
gender-specific restrooms.

He said male perverts may use the anti-discrimination policies to cross-dress and be voyeurs in the
women’s restrooms. The lawmaker said he is looking at the sentiments and welfare of the “real
women.”

"Ang akin lang, you cannot detach me from my wild imagination being a retired police officer, kapag
i-allow natin iyan. In crafting a law, hindi kailangang you just consider one portion of the society.
Dapat i-consider mo 'yung lahat ng maapektuhan na grupo, like ‘yung totoong babae,” he said.

[Translation: For me, you cannot detach me from my wild imagination being a retired police officer if
we allow that. In crafting a law, you must not only consider one portion of the society. You should
consider all groups that will be affected, such as the real women.]

Senator Risa Hontiveros quickly reminded dela Rosa that trans women are real women.

Trans woman and Lagablab Network spokesperson Naomi Fontanos said the hypothetical problem
posed by dela Rosa can be addressed through existing laws punishing sexual violence.

“We understand the concern, but there are laws to prosecute acts of sexual violence... We see that
there is a disconnect of using that as a straw man argument against the passage of the SOGIE
Equality Bill because sexual violence can be addressed by existing laws,” she said.

Fontanos added, “It doesn’t mean that because there is sexual violence, we don’t have to pass the
SOGIE Equality Bill to protect the LGBTQIA+ from discrimination and violence.”

Hontiveros said that existing laws do not cover discrimination against the queer community.

The debate was sparked when transgender woman Gretchen Diez was barred from using the
women's restroom in a Cubao mall and arrested for videotaping the incident on August 13.

During the hearing, several members of the LGBTQIA+ community shared stories of discrimination
that happen not only in public restrooms but also in the workplace.

Resource person Deg Daupan recounted that in one job interview, he was asked whether he was
gay, and then to rate how gay he was “on a scale of 1 to 10.” Trans woman Roi Galfo said the
discrimination she experienced at work made her think about suicide.

The Labor Department said these cases, including the discrimination in the hiring process, are
unlawful acts under the Labor Code.

Dela Rosa ordered the Department of Labor and Employment to look into cases of workplace
discrimination.

45
According to Senator Bong Go, President Rodrigo Duterte said he will push Congress to finally pass
the SOGIE bill. The bill was approved by the House of Representatives in the previous Congress but
was blocked in the Senate.

Duterte supports the idea of providing third restrooms for members of the queer community, his
spokesperson said.

46
4 Myths about SOGIE Equality Bill debunked

By CNN Philippines Staff

Published Jul 21, 2021 5:42:33 PM

Metro Manila (CNN Philippines) - Beyond Pride Month, it is important to look back at how far the
queer minorities have come and to determine what still needs to be done in the fight for equality – a
battle, which sadly, has yet to be won in our own country.

But there is still hope. And convincing the Senate to pass the Sexual Orientation and Gender Identity
Expression Equality Bill, more popularly known as SOGIE Equality Bill, is one of the things that can be
done.

The SOGIE Equality Bill has been filed several times over two decades, always without success. In
fact, it became the longest-running bill under the Senate interpellation period in 2019.

The participants of the virtual discussion, "Beyond Labels: A Mahaba-habang Usapan on the SOGIE
Equality Bill and what it truly means to be LGBTQIA+ in the Philippines", exposed the misconceptions
surrounding the bill.

Myth #1: The passage of the SOGIE Equality Bill is a stepping stone towards the passage of a same-
sex marriage bill.

Wrong. "If you look at the bill, it does not contain any provision on same-sex marriage," said Lawyer
Kenjie Aman, co-founder of the Philippine LGBT Bar. "In fact, it just alludes to any form of
discrimination that will be committed to anyone, not just the LGBTQIA+ people," he added. Aman
shared that even straight people have SOGIE.

To illustrate, UP Babaylan's Punong Babaylan Venus Aves gave an example where a straight man
could be unfairly rejected by a company because the hiring officer wrongly perceived the applicant
as gay. "The framing is SOGIE discrimination, not anti-LGBT discrimination. While LGBTQIA+ people
experience disproportionate discrimination, non-LGBT people can also experience SOGIE
discrimination," they added.

Myth #2: The SOGIE Equality Bill is redundant.

Lawmakers opposing the bill mentioned that the Safe Spaces Act, the Sexual Harassment Act of
1995, and the Anti-Bullying Act cover protection of one's SOGIE. "These laws do not sufficiently
cover what the SOGIE Equality Bill intends to protect," Aman said.

"For one, the Sexual Harassment Act of 1995 would protect any person who's being asked of sexual
favors by their bosses or by persons who have moral ascendency over them. This is eventually
expanded by the Safe Spaces Act of 2019, where the coverage of these sexual harassment acts was
expanded to those that recur in public spaces, and even to those committed, not necessarily by
those who have moral ascendency over them, but also by peers, or even by people who are their
subordinates," he explained.

The talk's moderator Naomi Fontanos chimed in. "The SOGIE Equality Bill is not redundant, right? I
mean it's really a necessary bill because it doesn't repeat any other law. There's no other law like it,"
she said. Advocates like Fontanos have been going to Congress for many years now to educate
lawmakers about the SOGIE Equality Bill but to no avail.

47
Myth #3: The SOGIE Equality Bill can be used against people whose religion condemns LGBTQIA+
people.

One of the panelists, content creator Rica Salomon, shared that some people on TikTok have a
wrong understanding about the bill. Salomon said advocates of the bill are not stopping people from
practicing their religious beliefs.

"What I want people to understand is, if you read the SOGIE Equality Bill, you are free to practice
and believe in your religion as long as it is within the space of your church," she said. "But once you
step outside, the SOGIE Bill (when passed into law) applies."

Myth #4: The SOGIE Equality Bill allows trans people to change their gender marker.

Gender marker refers to the designation of the registrant's sex on a birth record. Salomon reiterated
that this is also a common misconception. "It isn't. What the SOGIE Equality Bill is solely focusing on
is ending 'sexual orientation and gender identity expression-based discrimination'," she said.

An ongoing fight

Salomon also shared her unpleasant experience when she was asked to leave a food establishment
in Makati City because other customers would be uncomfortable seeing transgenders.

"I think the best way to teach them might not be through words, but through actions. I feel like the
(best) way to convince these people is to basically live our lives and show them that we are good
people," she said.

Aman thinks the bill won't get passed any time soon, but he is still hopeful in continuing the fight for
its passage.

When asked how he would explain SOGIE in simplest terms, he said: "Your existence is never wrong.
You are here because you're meant to be here. I think it's a teaching that applies to all religions.
You're here because you're supposed to be here."

"So you just live your truth and be unapologetic about it. It may take time. It may take a lot of
courage. But just continue being you," he added.

48
With no national law, can we rely on local ordinances to protect LGBTQs against discrimination?

Written by Xavier Javines Bilon and Claire De Leon

Updated Jun 25, 2018 3:39:38 PM

Over 80 million Filipinos live in areas without protection from SOGIE-based discrimination. At the
moment, only 18 cities in the Philippines have anti-discrimination ordinances. Illustration by JL
JAVIER

UPDATE:  On Oct. 29, 2020, The City Government of Manila passed the City Ordinance No. 8695, or
the Manila LGBTQI Protection Ordinance of 2020, aims to “guarantee full respect of the dignity of
every individual and their human rights” through eliminating all forms of discrimination against the
said community. Read the story  here.

Manila (CNN Philippines Life) — In the 2000 LGBT pride march, Task Force Pride, a network of
lesbian, gay, bisexual, transgender, and queer (LGBTQ) organizations entrusted with organizing the
yearly Metro Manila Pride, marched on the streets of Manila carrying a colorful banner with the
words “Fight Discrimination Now.” It was not the first time LGBTQ+ Filipinos took to the streets to
demand for equality before the law. But it was timely — a reiteration of a call made more significant
by the filing of the first Anti-Discrimination Bill (ADB) on January 26 of that year.

This first version of ADB, House Bill 09095, filed by then-Akbayan Representative Etta Rosales sought
to proscribe discrimination on the basis of sexual orientation. Though the bill may have been limited
in terms of its coverage, its mere filing marked the start of the long crusade of LGBTQ+ Filipinos
towards legal protection against discrimination.

Since then, ADB has been filed and re-filed in each Congress. Through the efforts of the LGBTQ+
community, led by LAGABLAB Network — a network that focuses its advocacy on passing the ADB —
the bill has grown and evolved to become more inclusive and far-reaching.

The community has made progress in the last 18 years. The version of the Anti-Discrimination Bill
filed by Rosales in 2003 included gender identity as one of the protected classes. That same bill was
even approved on third reading in the lower house with 118 affirmative votes, with no opposition or
abstention. However, when it was passed on to the Senate, no action was taken by the latter.

The 2000 LGBT pride march organized by Task Force Pride, the network behind the yearly Metro
Manila Pride. That same year, the first Anti-Discrimination Bill was filed. Photo courtesy of DENNIS
CORTEZA

At present, the ADB, also known as the sexual orientation, and gender identity and expression
(SOGIE) equality bill, was approved in the House of Representatives last September 20, 2017. Yet, its
counterpart bill in the Senate has been languishing on its second readings since early 2017.

Due to the continuing failure of Congress to pass a national anti-discrimination law, LGBTQ+
advocates sought other ways of protecting the community from discrimination. As they wait for the
law to catch up, they turned to their local government units to provide them with protection, albeit
limited.

It was in 2003 when the Quezon City government approved the country’s first local anti-
discrimination ordinance (ADO). According to Angie Umbac, former president of Rainbow Rights
Philippines, instances of harassment and bullying in dormitory restrooms experienced by several

49
LGBTQ+ university students brought about discussions of having a city ordinance to address such
acts of discrimination. The then-pending ADB in Congress served as basis in crafting the ordinance.

Despite the limited protection it may have provided, Quezon City’s first anti-discrimination
ordinance paved the way for other local governments to enact their own ordinances to protect
LGBTQ Filipinos from discrimination. A more comprehensive ADO was later passed by Quezon City in
2014.

“ADOs are legal mechanisms that protect LGBT persons from … discrimination and violence,” says
Justin Francis Bionat, Chairperson of Iloilo Pride Team, which advocated for the passage of Iloilo
City’s anti-discrimination ordinance just this month.

“Making discrimination a crime and not just a local offense is a strong human rights measure that
will ensure that people of diverse SOGIE will be protected, their rights respected, their aspirations
for equality, realized.” — Sen. Risa Hontiveros

Common provisions in these ordinances include identifying discriminatory practices and penalizing
them. Magdalena Robinson of Cebu United Rainbow LGBTQ Sector (CURLS) argues that anti-
discrimination ordinances simply uphold, protect, and promote human rights and dignity.

However, while these local government units may have enacted these ordinances in their localities,
not all of them have followed through with corresponding implementing rules and regulations (IRR).
Without these, they run the risk of not being able to implement their ordinances, making them
practically ineffectual.

“In the case of Cebu City, five cases were brought to us after the enactment of the ordinance but
before our city promulgated an IRR,” says Robinson, who also serves the Officer-in-Charge of Cebu
City's Anti-Discrimination Commission. She adds that they were not able to apply the ordinance to
the cases, and merely documented and referred them to their respective barangays.

At present, 18 cities (Angeles, Antipolo, Bacolod, Baguio, Batangas City, Butuan, Candon, Cebu City,
Dagupan, Davao City, General Santos, Iloilo City, Mandaue, Mandaluyong, Quezon City, Puerto
Princesa, San Juan, and Vigan), one municipality (San Julian, Eastern Samar), three barangays
(Bagbag, Greater Lagro, and Pansol, Quezon City), and six provinces (Agusan Del Norte, Batangas,
Cavite, Dinagat Islands, Ilocos Sur, and Iloilo) have enacted anti-discrimination ordinances.

LAGABLAB, a network of LGBTQ organizations, individuals, and allies in the Philippines, has focused
their advocacy on ensuring that the Anti-Discrimination Bill would be passed. Photo courtesy of
DENNIS CORTEZA

However, these ordinances only protect 20 million Filipinos from discrimination on the basis of
SOGIE. This leaves more than 81 million Filipinos residing in areas without protection from SOGIE-
based discrimination. It is more important to note that only two million Filipinos living below the
poverty threshold live in areas with anti-discrimination ordinances, with 26 million poor Filipinos left
with an additional layer of vulnerability to discrimination in schools and workplaces, among many
other spheres.

But the absence of a national legislation against discrimination has effects that go beyond figures
and percentages. Simply counting those who are protected and who are not fails to accurately
illustrate such effects. Rather, the lack of a national policy also reflects a culture of indifference
towards the LGBTQ+ community, and it maintains a perspective that equality and non-discrimination
can simply be given or taken away.

50
“Kailangan natin ang SOGIE Equality Act.” This was repeatedly stressed by Congresswoman Kaka
Bag-ao of Dinagat Islands during her sponsorship speech for the anti-discrimination bill last year.

“With a law, there is behavioral change that is expected at the societal level,” says Senator Risa
Hontiveros who champions the anti-discrimination bill in the Senate this Congress. “Making
discrimination a crime and not just a local offense is a strong human rights measure that will ensure
that people of diverse SOGIE will be protected, their rights respected, their aspirations for equality,
realized.”

In a few days, queer Filipinos will once again take their pride to the streets. Eighteen years has
passed, and the community has grown along with the Anti-Discrimination Bill. We have had our
wins, we have had our setbacks, but we still continue to march together to keep the fight for
equality alive.

51
Survey finds that Filipino companies are not accepting of LGBTQ+

Written by Chang Casal

Updated Nov 14, 2018 7:01:54 PM

More than half of the companies included in the survey said that they had no plans of creating any
SOGIE-based anti-discrimination policies. Illustration by JL JAVIER

Manila (CNN Philippines Life) — For years now there has been a general consensus regarding
Filipinos’ attitudes towards the LGBTQ+: tolerant, but not really accepting. While much has been
written about how the Philippines can move forward in bridging that gap between tolerance and
acceptance — the biggest step being the passing of an anti-discrimination or SOGIE (Sexual
Orientation, Gender Identity, and Expression) Equality bill — a recent survey suggests that in the
corporate setting, we might not even be at the level of tolerance yet.

The first ever Philippine Corporate SOGIE Diversity and Inclusiveness (CSDI) Index — a study
conducted by the Philippine LGBT Chamber of Commerce and research firm Cogencia, and
supported by the Embassy of the Kingdom of the Netherlands in the Philippines — surveyed 100
companies on their anti-discrimination and equal opportunity employment policies. Out of the 100,
they found zero Philippine-based companies implementing policies meant to protect their
employees from SOGIE-based discrimination.

The study includes results of Patricia Angela Luzano Enriquez’s research paper, in which she found
that 25 percent of respondents have experienced harassment from their employers or superior
officers, 33 percent have experienced harassment from co-workers, and 60 percent have been the
subject of slurs and jokes in the workplace. The overall data makes clear the dominant attitude
towards LGBTQs in the Philippines’ professional world.

“It's not correct to say that companies are [tolerant]. We're far from that,” says Cogencia CEO Paulo
Edrosolano. “I think we should completely erase that mindset that the Philippines accepts LGBTQIA+.
The data says otherwise.”

While the CSDI Index did find 17 percent of companies with some form of SOGIE-inclusive, non-
discrimination policy, they all had one thing in common: they were all from the BPO sector, which,
more often than not, are foreign-headquartered. And even within the 17 percent, the policies were
far from perfect.

Only 11 out of the 17 companies explicitly use the terms “sexual orientation,” “gender identity,” and
“gender expression” in their anti-discrimination policies, while only three companies have policies
against discrimination on the basis of sexual orientation, and only three have on the basis of gender
identity and expression.

Edrosolano emphasized the importance of pinpointing the exact terminology in company policies
because, as Enriquez concludes in her study: “Discrimination in employment … happens as a result of
how one performs their gender identity and expression.”

Moreover, only 10 out of the 17 companies have a structure for tracking SOGIE inclusiveness, and
only six have actually conducted educational discussions or SOGIE trainings.

52
The worst part isn’t even that none of the Philippine-based companies surveyed had SOGIE-inclusive
policies, but that more than half of them had no plans of creating any SOGIE-based anti-
discrimination policies.

According to Edrosolano, during consultations with experts and key LGBTQ+ organizations, they
discovered that many companies believe that protecting LGBTQ+ employees from discrimination is
not an urgent matter, as the common assumption is that LGBTQ+ make up a small percentage of the
workforce.

Another factor, said Angel Romero of the Philippine LGBT Chamber of Commerce, is that employers
believe that inclusiveness initiatives — for example, adding an all-gender bathroom and providing
insurance benefits for same-sex partners — is expensive, despite there being cheaper alternatives.

What now?

In the face of such dismal results, hope is not lost. Last Nov. 7, the Philippine LGBT Chamber of
Commerce unveiled their new campaign for the coming year — #Zeroto100PH, which aims to get
100 Philippine companies to pledge commitment towards LGBTQ+ diversity and inclusion by
conducting SOGIE trainings in the workplace and revising company policies to protect their LGBTQ+
employees.

Chair and founder Brian Tenorio says that the approach must be one that is “hand in hand in hand”
where we see “an employee organization talking and chatting up their employers who are also
chatting up LGBT organizations who will help the employees and the employers to figure out what to
do next.”

For employees, Evan Tan of the Chamber of Commerce offers a few tangible steps they could take to
participate in setting the wheels in motion:

“[Employees can] challenge or maybe ask their employers [about] how open their companies are
towards including LGBT inclusive policies in the workplace as well,” he says. As Tenorio mentioned,
Tan suggests that LGBTQ+ employees can form support groups where they can discuss their
concerns and take them to their higher-ups.

Tan also says that companies that do want to make a change towards inclusiveness and diversity can
begin by assessing and documenting instances of SOGIE-based discrimination in the company,
seeking out SOGIE training (which the Chamber of Commerce offers), and making sure that company
anti-discrimination policies include clauses that address sexual orientation, gender identity, and
gender expression.

Tan adds that companies with C-level executives and high-ranked officials who are out and proud
can also inspire their own as well as other employees to stand up for their rights.

Why not just wait for the SOGIE Equality Bill?

The passing of the SOGIE Equality Bill is even more pertinent, with the bill seeking to prohibit
employers from imposing SOGIE in their criteria for hiring, promotion, transfer, designation,
dismissal, selection for training, privileges, and more. With such a bill in place, companies will be
legally obligated to shift to a more inclusive culture.

But according to Tenorio, companies that want to shift towards a more progressive and inclusive
culture shouldn’t need a bill to tell them what to do. And as the bill’s review is continually delayed in
the Senate, perhaps corporations that want to do right by their employees can take a cue from the

53
18 cities around the country that have decided to implement their own anti-discrimination
ordinances.

“A company does not need a law or a bill to tell them what to do if they really wanna do things well,”
says Tenorio. “I think bills and laws are there to protect people who are refused protection by their
companies and employers. But if you're a company and you want to do the right thing and you want
to be profitable, you don't need a bill to tell you what to do because you're gonna do it anyway.”

54
Before ‘same-sex unions,’ let’s talk about the Anti-Discrimination Bill first

Written by Chang Casal

Updated May 27, 2019 8:24:32 PM

How will the 'same-sex union' online poll affect public policy? And how crucial is it for the local
LGBTQ+ community to bring it into the spotlight? Illustration by JL JAVIER

Manila (CNN Philippines Life) — On May 17, Taiwan became the first country in Asia to pass
marriage equality into law. A few days later, Congress released an online poll on its website asking
citizens whether they are in favor of legalizing “same-sex unions as civil partnerships” in the
Philippines. Suddenly, social media was abuzz with varying opinions on the poll.

Conservatives expressed their staunch disapproval, pushing the poll’s results to lean heavily towards
“no.” Meanwhile, within the LGBTQ+ community, there was no general consensus on the poll. Some
were angered by the phrasing of the options (Why was “personal opinions” an acceptable basis for
answering “no”?). Others were wary of the use of “unions” rather than “marriage.” There were also
those who, though dismayed by the results but hopeful for change, clamored for more LGBTQ+
members and allies to vote.

But how much do these online polls affect public policy anyway? And how crucial is it for the local
LGBTQ+ community to bring it into the spotlight?

According to Jeff Crisostomo, communications officer of outgoing Representative and Governor-Elect

Kaka Bag-ao of Dinagat Islands, the online poll has “very little to no” bearing on policy. Gov. Kaka
Bag-ao is the principal author of the Anti-Discrimination Bill (ADB), also known as the SOGIE Equality
Bill.

The online poll is a feature added to Congress’ website by the IT department. Once in a while, the
site runs a poll on hot topics on social media, such as the lowering of the age of criminal liability.

“Congressional offices don't get the final results of the poll,” he says. “We never get to discuss poll
results from the websites in any committee hearing, much more in plenary debates.”

Crisostomo adds that though the poll itself may not affect policies, the conversation around it might
spark discussions in Congress. However, it must be taken into account that data and survey results
are not necessarily the basis of decision-making.

“For instance, death penalty. Kahit mas maraming hindi pabor base sa surveys ng SWS at PulseAsia,
pinasa pa rin ito ng Kamara,” he says.

What then can members of the LGBTQ+ community do now? “Personally, I believe that we must
fight for the passage of the SOGIE Equality Bill first,” says Crisostomo. “We need to ensure the
protection of basic rights for all persons regardless of their SOGIE.”

Many LGBTQ+ advocates stand by this as well, including Atty. Jazz Tamayo of legal literacy NGO
Rainbow Rights Philippines. In fact, advocates worry that in the clamor for same-sex
unions/marriage, the SOGIE Equality Bill, which already is in dire straits, becomes further ignored.

The bill was passed in the lower house in 2017, but it has since languished in the Senate. It’s the
longest-running bill in the period of interpellations, and with the 17th Congress coming to a close
this June, the 19-year-old bill’s fate remains in limbo. It will have to be filed again, bringing the fight
for an anti-discrimination law back to square one.

55
Tamayo tells me that when the discussion is centered on “same-sex marriage,” lobbyists are often
forced to go on a defense — fielding questions on morality, religion, divorce, etc. — instead of
talking about the merits of the bill. This makes it much more difficult to get people on board with the
SOGIE Equality Bill.

“Bakit pinupush ang Anti-Discrimination Bill, o ang SOGIE Equality Bill pero bakit hindi gaanong
maingay tungkol sa marriage equality?” Tamayo asks during Pride Speaks, a discussion on LGBTQ+
activism organized by Metro Manila Pride. “Kasi may paniniwala kami sa advocacy na ‘yung SOGIE
Equality Bill, it cuts across the board. Mas marami kasing nakaka-benefit doon.”

“Mayaman o mahirap, single o hindi, pwede kang gumamit ng batas kasi mapoproteksyunan ka
niyan sa trabaho mo, sa eskuwelahan mo,” she adds. “Hindi ibig sabihin na hindi importante ang
marriage equality. Ang ibig sabihin lang, in terms of prioritizing, mas mahalagang may trabaho ka,
diba?”

With all this in mind, how can members of the LGBTQ+ community participate in lobbying for the
SOGIE Equality Bill?

Shatter myths about the LGBTQ+ community

“Call out stereotypes, break myths about both the LGBT community and about the proposed bill,”
says Tamayo.

“SOGIE Bill does not give special treatment or special rights. What it's trying to do is correct an
imbalance [in the law],” she stresses, pointing to the provisions in the bill that state that under the
law, LGBTQ+ individuals will gain protection against hate speech and SOGIE-based discrimination in
private and government workplaces, schools (including parents/legal guardians), and in obtaining
assistance and services. The bill also prohibits forced medical or psychological evaluations and
harassment in handling of criminal cases.

Tamayo also suggests that artists and creative groups can take the initiative to tell stories
that portray LGBTQ+ individuals in a realistic, non-stereotypical, and positive light. This is also a way
of reaching out to LGBTQ+ youth and individuals in the closet and telling them that life as a queer
person does not always have to be tragic.

Contact your district representatives/senators

“I think it is best to share narratives of discrimination with the legislators, district representatives
man or senators,” Tamayo says. “Tag them [online], tell them about why ADB is needed, how it
could have helped [you] had it been passed, how it could help [you] against discrimination.”

For Crisostomo, this also means reaching out beyond social media. “Palagay ko mas epektibo pa rin
ang direct lobbying at mass actions. So far, the debate has been confined to social media, and for
me, I don't think that we should stop there.”

Push for Anti-Discrimination Ordinances (ADOs) in your own localities

ADOs are local ordinances that prohibit discrimination and enforce certain penalties in specific
barangays, cities, municipalities, or provinces. “Advocates and LGBT persons should push ADOs in
their own localities, para in the interim na wala pang ADB, mas dumami ang areas na merong ADOs,
may remedies,” says Tamayo.

However, it should be noted that no ordinance is the same, and not all ordinances have
implementing rules and regulations (IRRs).

56
Push for anti-discrimination policies in the workplace

A study conducted by the Philippine LGBT Chamber of Commerce and research firm Cogencia found
that out of 100 Philippine-based companies, none of them implemented SOGIE-based anti-
discrimination policies. Pushing for SOGIE-inclusive policies in your workplace doesn’t just
protect LGBTQ+ employees within that company, but sets an example for other companies as well.
Another thing individuals can do is to urge executives and higher-ups to speak up and release
statements in support of the ADB.

Participate in data gathering efforts

Data gathering efforts help equip legislators to strengthen the bill further. It also gives lobbyists
more information about the community to push lawmakers into acting on the bill. At the 2018 Metro
Manila Pride March and Festival, surveys conducted among attendees showed that discrimination in
the form of physical and verbal abuse is still very much a reality today.

Go outside of your immediate circles

It’s vital to note that most attendees of the Metro Manila Pride March and Festival — and therefore
most survey respondents — are from a younger, urban, middle-class demographic. At Pride
Speaks, Bernadette V. Neri, an assistant professor at the Department of Filipino and Philippine
Literature at UP Diliman and chairperson of LGBT organization Bahaghari Metro Manila, talks about
the importance of recognizing this imbalance in representation.

“Ang hirap humanap ng LGBT advocacy na hindi city-centric at labas sa middle-class,” she says.
“Nagmimistulang walang ibang LGBT. Pero hindi naman ito totoo.”

“Tayo sa lungsod, ‘yun ang hamon sa atin ... gaano ba natin kakilala ang ating sector na labas nga
doon sa tayo-tayo lang? Kasi doon talaga [tayo] magiging mas buo, mas magkakaroon ng dibersidad,
ng pagkakaiba ng karanasan. Kung makakalap natin 'yun at makakapagsama-sama tayo, mas
mabunga ang paraan ng pag-oorganisa ng ating sektor.”

57
Debunking myths about the LGBTQ+ bathroom debate

Written by Chang Casal

Updated Aug 19, 2019 5:19:05 PM

Will allowing trans women into female restrooms put women at risk of being harassed by predators?
Is it really too difficult to provide a gender-neutral restroom? Let's put these myths to rest.
Illustration by JL JAVIER

Manila (CNN Philippines Life) — When a cleaning crew at the Quezon City mall harassed trans
woman Gretchen Custodio Diez as she tried to enter a women’s restroom, they violated the city’s
Gender Fair Ordinance, which protects people from harassment and discrimination based on sexual
orientation, gender identity and expression (SOGIE). This incident sparked renewed debate about
the SOGIE Equality Bill, which aims to provide protection to all Filipinos nationwide.

However, online, offline, and even in the Senate, discussions took place on restroom rights, gender
identity, and the need for a national Anti-Discrimination Bill. To help everyone better understand the
issue, as well as the call for protection against discrimination, here we debunk five myths and
misconceptions about the LGBTQ+ bathroom issue.

Myth: Trans women are still men.

False.

Trans women are women and trans men are men.

Being transgender means that your gender identity doesn’t match your sex. According to the Human
Rights Campaign, one’s gender identity is a person’s “innermost concept of self as male, female, a
blend of both or neither.” This means that regardless of one’s “biology,” a person’s gender identity
solely depends on how they feel inside.

“None of us who are born today are not ‘full women.’ Our sex assigned at birth is merely a
prediction,” said trans activist Naomi Fontanos in the press conference for the #WomenForWomen
campaign.

Myth: Toilets are “biology-based.”

True, but they don’t have to be.

In a Senate debate following Diez’s harassment, Sen. Tito Sotto — a staunch opponent of the SOGIE
Equality Bill — said that toilets are “biology-based,” and cited how lesbian women (perhaps he
meant trans men) aren’t capable of using male urinals. Sotto failed to mention or acknowledge that
male restrooms also have sit-down toilets.

Insisting on “biology” as a basis for restroom segregation also proves problematic when you factor
in gender non-conforming people, as well as intersex individuals or people who are born with sex
characteristics typically associated with both males and females.

Myth: Allowing trans women in bathrooms will put women at risk of being harassed by sexual
predators.

False.

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According to CNN, there are 19 states and over 200 municipalities in the U.S. with anti-
discrimination laws that let trans people use restrooms that align with their gender identity.
Reaching out to 20 law enforcement agencies in several of these states, CNN found that there were
zero reported cases of assault and sexual harassment in public restrooms since the laws were
instated.

Instead, there is an alarmingly high rate of harassment experienced by transgender individuals while

using public restrooms. Huffington Post reports that in an extensive U.S. study, over 50 percent of
28,000 transgender respondents said they avoided using a public restroom out of fear of
encountering an altercation.

In the UP Center for Women’s and Gender Studies’ (UPCWGS) headquarters in Diliman, there is an
all-gender bathroom. The UPCWGS has said that there have been no cases of gender-based violence
since the restroom was put up.

In the same Huffington Post report, it is stated that in the U.S., there was only ever one reported
instance of a transgender person allegedly harassing someone in a changing room. And since 2003,
there are only 18 known cases worldwide of cisgender men disguising themselves in order to take
advantage of women.

And that’s the thing: The fear is that straight men will use anti-discrimination policies to find a way
to harass women. Why then should trans women bear the brunt of a hypothetical problem that is
perpetrated by men?

Myth: Providing restrooms for the LGBTQ+ community would be “difficult to do everywhere.”

False.

In the Senate debate, Sen. Sotto also said that it would be difficult to provide gender neutral
restrooms everywhere.

Members of the LGBTQ+ community have varying opinions on the solution to the bathroom
problem. Many queer people are against the creation of a third bathroom because it encourages
segregation. Diez herself has said that doing so will not address the problem of discrimination. And
at the end of the day, trans women are women, and therefore deserve to use the restroom that
corresponds to their gender identity.

However, because of the still looming atmosphere of hate and discrimination towards the LGBTQ+
community, many non-binary and trans individuals are understandably uncomfortable with
using any public restroom.

Regardless, it isn’t very difficult to do both for LGBTQ+ people. Allowing queer people to use the
bathroom aligned with their gender identity literally costs nothing — it only requires cisgender and
heterosexual people to be non-discriminatory — to be respectful human beings. Meanwhile, the
cost of assigning a gender-neutral bathroom shouldn’t be an issue if an establishment has at least
one restroom that can be open to all genders. In some cases, PWD restrooms are also open for all
genders, such as in the Quezon City Hall, Mandaluyong City Hall, and in several schools like
the Ateneo de Manila University and Lyceum of the Philippines University.

Myth: LGBTQ+ people are asking for special treatment.

False.

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Currently, with no Anti-Discrimination Bill in place, LGBTQ+ people are susceptible to hate speech
and violence in schools, workplaces, and public places. Employers, businesses, and even hospitals
can refuse service to LGBTQ+ people, or treat them unfairly based simply on their sexual orientation
and gender identity and expression. The call for a SOGIE Equality Bill wasn’t born out of a desire to
receive special treatment, but rather to be treated just like everyone else.

“SOGIE Bill does not give special treatment or special rights. What it's trying to do is correct an
imbalance [in the law],” said Atty. Jazz Tamayo of Rainbow Rights Philippines.

Though many still believe that the Philippines is one of the most LGBTQ-accepting countries in the
world, Gretchen Diez’s case was no anomaly. In 2018, comedian Kaladkaren Davila
was stopped from entering a bar in Makati for being trans; in 2017, Bunny Cadag was laid off from
an outsourced transcription job at Jollibee Food Corporation because the organization was “not yet
ready for LGBT culture”; in 2014, Jennifer Laude was killed by U.S. Marine Joseph Scott Pemberton
when he realized that she was trans.

Consider also the countless LGBTQ+ families in the Philippines who aren’t afforded the right to make
decisions for their partners in cases of hospitalization, the right to adopt children as co-parents, and
the right to be legally recognized as spouses.

There is a common argument that LGBTQ+ people need to compromise and adjust. However, daily
life for queer Filipinos is already filled with compromises. When you have no assurance that the law
will protect you from violence and discrimination, you live in a constant state of fear.

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