SOGIE Equality Bill: A Long-Term term solution for the rights of the LGBTQ+ Community in the Philippines
An Analysis of the SOGIE Equality Bill
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This paper was co-written with the senior high school students of Far Eastern University High School. Names are not presented due to privacy issues
The LGBTQ+ Community movements for the SOGIE Equality Bill
As civilization develops, people have realized different aspects of the community and identified its categories. The LGBTQ+ community paved its way in a 21st-century setting. Its empowerment rises and through these different social movements, the LGBTQ+ Community in the Philippines demands more equality and acceptance.
The first-ever movement began during the Women’s Movement in the 1980s which highlights the oppression of the lesbian community that has been ignored and felt invisible for decades. With lesbian issues being incorporated into feminist studies, and the gay movement, it has been conceptualized that lesbian women are gay men’s female variant. From this, the lesbian community requires society to listen and understand thoroughly their claims against dictatorship. The MAKIBAKA organization released a position letter focusing on sexual orientation issues in the movement. In the 1990s, the issue of gender and sexuality became a major concern during various women’s movements that formed the Lesbian Collective called LESBOND, a media advocacy group that established the first National Lesbian Rights Conference held from December 7 to 9 in Silang, Cavite.
The movement became more powerful when the community established the first LGBTQ+ Pride March on June 26, 1994, which commemorated the 20th Anniversary of the Stonewall Riot. It was not only the first gay pride march in the Philippines but also in Asia. The event was organized by the Progressive Organization of Gays in the Philippines (PROGAY Philippines) and Metropolitan Community Church (MCC) Manila. There were only 60 participants that marched from EDSA at Quezon Avenue to Quezon Memorial Circle in Quezon City. The first time for the public community to see members of the LGBTQ+ community speak out for equal treatment and rights.
Last October 2011, the Psychological Association of the Philippines released a resolution demanding an LGBT Non-discrimination Policy as a response to ethical complaints against a certified psychologist who recommended conversion therapy for children who came out as gay or lesbian. The policy resolution statement asserted LGBT people’s essential dignity and equality as well as the right not to be discriminated against on the grounds of their sexual orientation, sexual identity, and expression. This policy resolution strengthened the American Psychiatric Association’s position in 1973 because of the same gender sexual orientations as healthy and non-disordered variants of human identity, love, and relationships. This resolution was later translated into the Philippine Context in November 2014.
To make it lawfully right and make these movements significantly evident to society, the Sexual Orientation and Identity Expression bill was filed in the 2000 Congress by Senator Miriam Defensor-Santiago and then Akbayan party-list representative Etta Rosales. It was passed in the 3rd reading of the House but was obstructed in the Senate.
In the 17th Congress, Women and Gender Equality, or House Bill No. 4982, was sponsored by Dinagat Islands Representative Kaka Bag-ao, who has been the principal author of the Bill. Bataan Representative Geraldine Roman, the first-ever transgender woman in Congress, and Akbayan Party-list Representative Tom Villarin helped approve the bill on the third and final reading for the first time since the bill was filed. The 198 members of the House of Representatives voted for the bill, and none were against it. It was a pro-LGBT move from the House of Representatives of the 17th Congress.
The equivalent bill in the senate was filed by Senator Risa Hontiveros, the first Akbayan Senator who was in the stage of incorporating the bill by May 2018. It is supported by Senators Loren Legarda, Grace Poe, Nancy Binay, Franklin Drilon, Bam Aquino, Chiz Escudero, Ralph Recto, Sonny Angara, JV Ejercito, Francis Pangilinan, Juan Miguel Zubiri, and Leila de Lima. However, Senator Leila De Lima was prohibited from supporting the bill since she is currently under police supervision. The bill was opposed by Senators Tito Sotto, Manny Pacquiao, Cynthia Villar, and Joel Villanueva. Ironically, Senator Joel Villanueva signed up as a co-author of the bill he opposes. Other senators remain silent and have nothing to say regarding the proposed bill.
The SOGIE Equality Bill became the longest-running bill in the Senate in May 2019. The bill’s supporters noted that the dissenters wanted the extended interpellation to prevent the passage of the historic anti-discrimination bill. Senator Risa Hontiveros called out to her co-senators to formally close the interpellation period so that, lastly, the bill can be amended and voted on. The bill has become the slowest-moving bill in the country’s history. In Senator Hontivero's defense, she said that the bill had gained some new allies and wider acceptance among policymakers and the public, and confidently claimed that it would be refiled in the 18th Congress, repeating the one- to three-year enactment phase.
Fortunately, Senator Sonny Angara spoke out in July 2019 and introduced a new version of the SOGIE Bill proposal. He argued that “Any form of discrimination threatens social stability and economic progress in the Philippines, making it imperative that discrimination—or any act that establishes, promotes, and perpetuates standing inequalities and disregards the right to ‘equality of treatment’ afforded by the 1987 Constitution—be reduced.” The measure would ban unfair discrimination based on sex, sexual orientation, and gender identity and expression, among other classifications.
Brief Background: Homosexuality and Gender Crossing
According to the research and analyses of Carlos Diego A. Rozul in his article “The History of LGBTQ+ Visibility in the Philippines," he emphasized that it was the Babaylan in the pre-colonization setting that had the power to control and lead the different barangays in the absence of the Datu. There were some Babaylan who were male, called Asog, and were free to have homosexual relationships without receiving any judgment from society. They are not cross-dressers but gender crossers and are granted the same spiritual acknowledgment as the female Babaylan. The Asogs also leads various revolutions using incantations against the Spanish.
The 300 years of Spanish colonization impacted the ideology of patriarchy and machismo, a concept that made gender crossing an absurd practice. It was not long before even effeminate men were seen and developed a vernacular word called bakla (a gay man, confused and cowardly). However, in the American colonization period, the concept of gender and sexuality was further reinforced in the Western context, connecting it to formal education.
After the Second World War, Justo Justo, a gay rights activist, established the Home of the Golden Gays in 1975. The purpose is to serve as a home to gay men who have been declined by their families, and mostly lack financial support. It was developed into a loving society composed of different unique and colorful individuals. However, the death of Justo became a hindrance to the home, which led to its closing in 2012.
The Theses of the SOGIE Equality Bill
The bill is all about people being able to express themselves and not letting society tell them who they should and should not be. This is giving them chances in society to be who they want and who they should be with. Expressing one’s self is being unique. This is to avoid social discrimination among the LGBTQ+ community. As society is being improved by how we see it today, many people feel that everyone has the right to love, be respected, and have benefits within the society and community. All of these may seem shallow to a person who does not understand what the bill is really about. That is why CNN Philippines emphasizes the things that the society should know regarding the said bill.
“The bill does not seek to legalize same-sex marriage or unions.”
It is a bill that aims simply to ban certain discriminatory activities that damage LGBTQ community members. Rep. Geraldine Roman and Rep. Kaka Bag-ao repeatedly stressed that the bill does not conceal a provision relating to same-sex marriages or same-sex unions.
“The bill seeks to prohibit only a certain number of acts that unfairly discriminate against members of the LGBTQ community.”
The bill is basic, as it only aims to recognize certain freedoms. During her speech, Rep. Roman made it clear that the bill seeks to ban the following acts that constitute discrimination:
(1) “If an employer, whether from the private or public sector, includes sexual orientation or gender identity in the criteria for hiring, promotion, transfer, designation, work assignment, re-assignment, dismissal, performance review, selection for training, in the computation of benefits, privileges, and allowances — that is discrimination.
(2) “If a school or any educational or training institution refuses to admit a student or participant or chooses to expel him or her solely on the basis of sexual orientation or gender identity, that is discrimination.”
(3) “If a school imposes disciplinary sanctions, penalties, restrictions, and requirements harsher than the usual that infringe on the rights of students on the basis of sexual orientation or gender identity, that is discrimination.”
(4) “When a student or a trainee is harassed, punished or restricted due to the sexual orientation or gender identity of his parents or legal guardians, that is discrimination.”
The merit of identifying multiple acts of discrimination as proscribed acts makes such acts illegal, and consequently punishable by detention. The law can’t specifically punish what it cannot describe. The Philippine Constitution generalizes that “No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws,” which is incomplete to safeguard a particular sector (particularly the LGBTQ) without any kind of legislation outlining how to recognize its freedoms. Rep. Roman also argued that:
“an overview of legal references to the LGBT phenomenon shows that there are no direct references to lesbian, gay, transgender and bisexual individuals … these terms are nowhere to be found in any of our existing laws, save for a few references to ‘sexual orientation.’”
Considering the absence of adequate protection in the Bill of Rights of the Constitution or in any other law we have, the enumeration of particular discriminatory acts in the Anti-Discrimination Bill is essential, if not historical, in the attempts to ensure more LGBTQ-inclusive legislation in the nation.
“The bill also makes it illegal for anyone to force a person to take a medical or psychological exam, to alter that person’s gender or sexual orientation.”
Without the consent of a queer individual, a person cannot force such a person to consult with a psychologist to re-evaluate their gender identity or sexual orientation, Rep. Roman claims. A minor falling under this provision is shielded by the draft law, which requires the Family Court’s permission before a psychological examination.
“The bill provides for jail terms for those who violate its provisions.”
According to Roman, any person who violates the provisions of the Anti-Discrimination Bill, specifically the forbidden acts as described above, will be imposed imprisonment of not less than one year but not more than six years. The offender may also be subject to community service concerning imprisonment and may need to undergo human rights education on the victim’s plight.
“The bill provides for a venue for complaints and cases to be filed.”
There are currently police desks dealing with complaints and instances of violence against women and children. Under the suggested law, Rep. Roman says that LGBTQ instances will be addressed by these same desks. To prepare the desk officers to manage complaints and cases under the Anti-Discrimination Bill, they are mandated to undergo gender-sensitivity training, appropriate terminology, LGBTQ relationship dynamics, and how to conduct hate crime investigations efficiently.
The Antitheses of the SOGIE Equality Bill
Catholic and Christian members of society oppose the equality bill. Through a protest action, members of evangelical churches in Mindanao declined House Bill 4982, which seeks equal treatment towards the LGBTQ+ communities. Bishop Genes Udang, president of MELC, said that while the evangelical churches respect LGBT individuals, they will not allow these bills to become legislation as they would “discriminate” against most Filipinos in turn. “In crafting the bills aimed at protecting the LGBT members, our lawmakers didn’t realize that the same bills will discriminate us, the majority,” Udang said in an interview with Sun Star while they were conducting the protests.
He also said that they have LGBTs from among their faithful, but insisted that being a member of the LGBT is a lifestyle, not a gender issue, and that no regulations need to be established to address this specific lifestyle. “If they (LGBT) are discriminated in the workplace, for instance, we have the labor code to protect them,” “This bill,” They (the Congress) added, “is more on giving preference to one sector over the rest of the majority of Filipinos. [This] will encourage other groups, like the pedophiles, etc. to also demand more anti-discriminatory laws for them.” The group also said that the punishment specified in the Sogie bill is “too much and without any justifiable grounds that [this is ] equivalent to injustice and oppression.” It is evident that the church sticks to its old commandments and covenant of the bible where there are only 10 lawful commandments to follow and the story of Sodom and Gomorrah is highlighted. The conservatives still have a close-minded perception of the rising generation in the 21st century and are not ready for the real change toward a safe community.
The LGBTQ+ Community and the Religious: A Compromising Society as Synthesis
The researchers analyzed it and believe that it is a compromise agreement between the two contradictory sectors of the community. Understanding and cooperation can be the foundation of the agreement between the LGBTQ+ Community and the religious. SOGIE Bill is one of the agreements that the queers have to fight for, as it should compromise with the rule of the Catholic Church to dress appropriately while attending Sunday mass or Sunday services for the Christians. The LGBTs can cross-dress and express themselves anywhere they want, as long as they follow the guidelines and dress codes inside the church. Respect for all who see them as part of the LGBTQ+ Community should be apparent to reciprocate respect.
As for the religious people, their beliefs and practices are significant; however, they should put their expressions in place and should be aware that no bible and no God had said that homosexuals and queers are not part of society and same-sex love is not considered as love. To compromise with the LGBTQ+ community, the religious should raise their biblical fluency towards what God has really said to his creations that chose their opposite gender when they have reached the age to identify and define themselves. As a true practitioner of their faith and religion, one should live and follow the new covenant and testament; “You shall love your neighbor as yourself.” In these scriptures, Jesus never emphasized exceptions in his Father’s second greatest commandment.
LGBT Unemployment rate and its economic impact
In the business world, employees could be considered as the backbone of a company. Without its workers, it would amount to nothing. Such employees should be hired based on certain criteria that are needed for the company. It is easy when someone achieves these certain classifications for a job, but it is never easy for the person who is part of the LGBT community.
According to the research of the United Nations Development Programme (Asia-Pacific Regional Centre) entitled: “Being LGBT in Asia: The Philippines Country Report”, discrimination starts even before the employment stage. Not only do they get discriminated against and abused in their communities, but also in their workplace. They go on to say that they would only be able to get employed if they acted a certain way (male-to-female transgender women being pushed to cut their hair and dress in a masculine way). And even those that manage to get employed still face discrimination, even going so far as to hire them for the sole purpose of abuse. For instance, LeAP! (2014) reported that some call center agencies allegedly hire lesbians to work the graveyard shift since they do not have families to go back to. In addition to this, they also hire lesbians with a masculine appearance to do the same job as males, although their pay is that of a woman, which is lower.
According to Charles Radcliffe and his article “The real cost of LGBT Discrimination”, this type of discrimination doesn’t just hurt the LGBT community but also families, companies, and even entire countries. They go on to say that many of the LGBT youth who are bullied in school and neglected at home end up homeless, with up to 40% of homeless young people, who identify themselves as part of the LGBT community, on the streets of major cities in the US. This only proves that this reflects a waste of potential in regard to a more productive economy. These certain scenarios push more the LGBTQ+ Community to demand the SOGIE Bill, not just because they wanted it, but they needed it. The laws on human rights are not enough to address specific problems for LGBTs. The economy, to rise, needs a larger labor force and should accept any person who is capable of doing labor and providing services to help the country raise its economic status.
LGBTQ+ Community extended social movements
Pride marches have been dominating the metro area ever since the LGBTQ+ community was established. Different events and activities are conducted to raise awareness about the SOGIE Equality Bill and fight against social discrimination. Seminars and research also contributed to a body of knowledge on gender equality. At the Kadaiyahan Festival 2018 in Mindanao, everyone was amazed, as the festival focused on the LGBTQ+ community. Mindanao Pride, an emerging social movement that advocates for lesbian, gay, bisexual, transgender, and queer (LGBTQ+) rights and welfare on the island’s regions, celebrated the first Kadaiyahan Festival in Cagayan de Oro City last December 5 to 10, 2018. The festival takes place with 4 primary activities over 5 days. The event aims to spread awareness about issues and concerns regarding individuals whose gender identity and sexual orientation transcend socially constructed norms. LGBTQ+ organizations from all over Mindanao gathered for the event and united to express their pride.
Although this isn’t the first festival that celebrates diversity in Mindanao and in the Philippines, Kadaiyahan highlights the possible inclusivity that can be shared by identified LGBTQ+ members and straight allies who support their cause. It took its name from the literal Bisaya translation for diversity. The festival includes campaigns that reflect the aspirations of the LGBTQ+ community and educate participants about the discrimination, harassment, and prejudice they face.
Bible Truth: Homosexuality in the Christian Religion and Its Legitimate Meaning
Janet Edmonds argued in her position article entitled “The Bible Doesn’t Say That Homosexuality is a Sin: An Analysis of the Seven Scriptures Sometimes Claimed to Refer to Homosexuality" that Christians often feel that it is wrong to encourage homosexuals since it would be going against God’s word. They tend to use words that are written in the Scriptures of the Bible and condemn homosexuals.
The question keeps on revolving around the LGBTQ+ community: if the Bible says that it condemns homosexuals, was the genuine intention of its laws and lessons to betray these people? One author, James Brownson, pointed out that in discussing the modern experience of a consensual, same-sex relationship, the Bible is essentially silent. When we read the Bible through the lens of the redemptive life and ministry of Jesus, we can see, according to Jack Rogers, that both the Old and New Testaments command us to accept those who are different from ourselves. It should be remembered that Jesus was often challenged to interpret hard scriptural law-related questions. Jesus teaches us that loving one another is far more essential than following Jewish rules exclusively. He said that loving God is the first commandment, and loving others as you love yourself is the second commandment.
However, Catholics and Christians still hold onto their belief in the story of Sodom and Gomorrah and interpret it wrongly. It is seen in the book of Genesis, chapter 19, verse 1–14 and 24–26.
The two angels came to Sodom in the evening, and Lot was sitting in the gateway of Sodom. When Lot saw them, he rose to meet them and bowed down with his face to the ground 2 He said, “Please, my lords, turn aside to your servant’s house and spend the night, and wash your feet; then you can rise early and go on your way.” They said, “No; we will spend the night in the square.” 3But he urged them strongly; so they turned aside to him and entered his house; and he made them a feast, and baked unleavened bread, and they ate. 4 But before they lay down, the men of the city, the men of Sodom, both young and old, all the people to the last man, surrounded the house; 5, and they called to Lot, “Where are the men who came to you tonight? Bring them out to us, so that we may know them.” 6 Lot went out of the door to the men, shut the door after him, 7 and said, “I beg you, my brothers, do not act so wickedly. 8 Look, I have two daughters who have not known a man; let me bring them out to you, and do to them as you please; only do nothing to these men, for they have come under the shelter of my roof.” 9 But they replied, “Stand back!” And they said, “This fellow came here as an alien, and he would play the judge! Now we will deal worse with you than with them.” Then they pressed hard against the man Lot, and came near the door to break it down. 10 But the men inside reached out their hands and brought Lot into the house with them, and shut the door. 11And they struck with blindness the men who were at the door of the house, both small and great, so that they were unable to find the door. 12Then the men said to Lot, “Have you anyone else here? Sons-in-law, sons, daughters, or anyone you have in the city — bring them out of the place. 13 For we are about to destroy this place, because the outcry against its people has become great before the LORD, and the LORD has sent us to destroy it.” 14 So Lot went out and said to his sons-in-law, who were to marry his daughters, “Up, get out of this place; for the LORD is about to destroy the city.”. . . 24 Then the LORD rained on Sodom and Gomorrah sulfur and fire from the LORD out of heaven; 25, and he overthrew those cities, and all the plain, and all the inhabitants of the cities, and what grew on the ground. 26 But Lot’s wife, behind him, looked back, and she became a pillar of salt.
Sodom and Gomorrah’s story is about hospitality and the social need to assist tourists. It becomes apparent when checked closely that it is not a story that has anything to do with homosexuality. The city’s people decide to do one of the most inhospitable things — rape. It would be unlikely that all Sodom citizens would be homosexuals, so why would they want the two foreigners/angels to “know” (the euphemism used in the Bible to mean sexual relationships) except for forcing sexual relationships with them? In the Near East, armies used gay rape in ancient times as a way to humiliate them. The armies wanted to break their humiliated enemies ‘spirits by violating them to “treat them like females.” The practice was influenced not through sexual desire but by the enemy’s violence and hatred. Sodom’s sin concerns tough-heartedness, violence, visitor insults, and inhospitality to the poor, not committed gay relationships.
Conclusion: SOGIE Bill Alternatives
Alternatives should also be implemented to create a gender-equal society. Forums have been conducted to address the real problem of the LGBTs; their comments and suggestions bind up and can act as an alternative for SOGIE, One of those is media engagement training for various LGBT organizations, LGBT-specific workshops, and developing a repository of LGBT-related information that LGBT Filipinos can access. Other suggestions included setting up a media regulator to encourage SOGIE awareness in mainstream media and setting up a commissioner to report to the MTRCB on anti-LGBT displays.
References
Bagas, J. (2018). Political sectarianism and the Sogie bill.
Centre, U. N. (2014). Being LGBT in Asia: The Philippines Country Report.
Edmonds, J. (2016). The Bible Doesn’t Say That Homosexuality is a Sin. An Analysis of the Seven Scriptures Sometimes Claimed to Refer to Homosexuality, 17.
Panti, L. T. (2016, October 2016). The Manila Times. Retrieved from manilatimes.net: https://www.manilatimes.net/questions-raised-anti-discrimination-bill/293831/
Radcliffe, C. (2016). The real cost of LGBT discrimination.
Rozul, C. D. (2017). The History of LGBTQ+ Visibility in The Philippines.
Tan, M. D. (2014). BEING LGBT IN ASIA: The Philippines Country Report. Mandaluyong City: United Nations Development Programme: Asia-Pacific Regional Centre.
