Equality is a basic human right that not everybody is given. Since time immemorial, society has strived, fought, and even died fighting for equality. But why does equality even matter? The answer is quite simple–because as humans, we value our dignity. We aim for a better society where everyone is equal regardless of their sexual orientation and gender identity or expression.
The passing of The SOGIE Equality Bill will pave the way for a society where discrimination will not be tolerated and prejudice will not foster.
WHAT IS SOGIE AND DOES KNOWING IT MATTER?
SOGIE stands for Sexual Orientation and Gender Identity or Expression. Everyone has sexual orientation and gender identity which each person expresses in their own personal way. It is important to understand that even when a person identifies as a cisgender heterosexual, they still have a sexual orientation and a gender identity expression.
Sexual orientation differs from gender identity, and many people tend to confuse one for the other. These are concepts that are not difficult to understand, and would only take a moment to properly differentiate.
Sexual Orientation
Sexual orientation is the inherent or immutable enduring emotional, sexual, and romantic attraction people have towards others. In general, sexual orientation are categorized into heterosexual, homosexual and bisexual, but this in no means encapsulates all types of sexual orientation.
Gender Identity
It is the personal concept of what it means to be male, female, a blend of both, or non-binary. It is where personal perception is derived, or what a person chooses to identify themselves. If a person feels that the gender assigned to them at birth is true to who they are then they are “Cisgender” and if a person feels that their real identity is different from the gender assigned to them at birth then they are “Transgender.”
Gender Expression
This is the external appearance of one’s gender identity and is expressed through their behavior, clothing, haircut, or voice which may not necessarily conform with what society perceives are characteristics of masculinity or femininity.
Difference between Sexual Orientation and Gender Identity
In sum, sexual orientation describes how a person is attracted to others, while gender identity is a personal concept on how a person perceives what being male, female, a blend of both, or non-binary is.
SOGIE EQUALITY BILL AND ITS HISTORY
The SOGIE Equality Bill, also known as 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 a SOGIE-specific anti-discrimination bill authored by current Senator Risa Hontiveros and sponsored by Kaka Bag-ao, Geraldine Roman, and Tom Villarin from the House of Representatives.
The onset of the 21st century marked the historic introduction of this Bill into Congress. In the year 2000, this historic anti-discrimination bill was first filed in the Congress of the Philippines by the late Senator Miriam Defensor-Santiago. She refiled it in the Senate every year until 2016, which was her last term. Today, the SOGIE Equality Bill remains unpassed, and is now the longest-running bill under the Senate in Philippine Legislative history.
The SOGIE Equality Bill, also known as the Anti-Discrimination Bill, aims to protect all Filipinos from discrimination on the basis of their SOGIE (Sexual Orientation and Gender Identity or Expression). It recognizes that many Filipinos, whether they are a member of the LGBTQIA+ or cisgender, experience SOGIE-based discrimination and it aims to prevent the same. Even Filipinos who identify as cisgender and heterosexual are, by all means, protected by this bill for the reason that every person has SOGIE. Hence, it does not grant special rights to the LGBTQIA+, contrary to popular belief.
Under the SOGIE Equality Bill, any person, corporation, or organization can be penalized if found guilty of discriminatory acts prescribed under the bill. The fine ranges from ₱100,000.00 to ₱500,000.00 and imprisonment (minimum of 1 year but not more than 12 years).
Some Examples of Discriminatory Acts Under the SOGIE Equality Bill:
Promotion of the stigma;
Differential treatment of a job applicant or an employee;
Denial of access to public service;
Denial of admission to, expulsion from, or discipline of a student by an educational institution;
Denial of access to establishments, facilities, utilities, or services organization, political party, or institution;
Denial of access to medical and health services;
Denial of application or revocation of professional license;
Forced medical or psychological examination to determine and/or alter a person’s SOGIE without his or her consent, and;
Denial of admission to, expulsion from, or discipline of a student by an educational institution;
FACTS VS MISCONCEPTIONS ON THE SOGIE EQUALITY BILL
"Where ignorance is our master, there is no possibility of real peace." - Dalai Lama
Listed below are the most common misconceptions related to The SOGIE Equality Bill:
MISCONCEPTION 1: The SOGIE Equality Bill gives special rights to LGBTQIA+ people.
One of the most common misconceptions on the SOGIE Equality Bill is it gives special rights to LGBTQIA+ people when it does not. Again, SOGIE stands for “Sexual Orientation and Gender Identity or Expression” which includes cisgender heterosexuals (CisHets) or “straight” people in simpler terms. Hence, a cisgender heterosexual man/woman who acts masculine/feminine also has SOGIE. “Heterosexuality” being their sexual orientation, “Cisgender” being their gender identity, and “Masculine/Feminine” being their gender expression.
To further elucidate, where an employer is a gay man and a job applicant is a “straight” man and the latter was not hired, not on the basis of his merits, but because of his SOGIE (the gay man employer hates CisHets), the ( “straight” man) job applicant will be protected by the SOGIE Equality Bill for this is an example of discrimination on the basis of one’s SOGIE (on this case, discrimination on sexual orientation and gender identity).
MISCONCEPTION 2: The SOGIE Equality Bill violates the rights of other people.
There is a reason why the bill includes the word “equality.” Contrary to popular belief, the SOGIE Equality Bill does not violate the rights of other people. Rather, the bill aims for equal rights for everyone regardless of their SOGIE. This means members of the LGBTQIA+ community will enjoy the same basic rights and services enjoyed by non-members.
For example, a “straight” man was not allowed to enter a gay bar based on his sexual orientation. He will be protected by the SOGIE Equality Bill because he was denied access to an establishment on the basis of his sexual orientation, him being heterosexual.
MISCONCEPTION 3: The SOGIE Equality Bill is not necessary because discrimination against members of the LGBTQIA+ community does not exist in the Philippines.
The first ever survey for Philippine Corporate SOGIE Diversity and Inclusiveness (CSDI) Index was conducted by the Philippine LGBT Chamber of Commerce which was supported by the Embassy of the Kingdom of the Netherlands in the Philippines. They found out that out of the 100 surveyed companies, none implement policies which are meant to protect employees from SOGIE-based discrimination.
According to a 2017 report by Human Rights Watch, LGBTQIA+ secondary school students in Luzon and Visayas have described incidents of bullying in school. In a 2018 study by the United Nations, 30% of Filipino workers reported being harassed, bullied, and discriminated while at work because of their SOGIE. Just recently, in August 2019, a transgender woman was detained at the Quezon City Police District Station 7 for using the women's restroom.
Discrimination in society has always been there. It may not be visible to non-LGBTQIA+ people, but that does not invalidate the struggles of the LGBTQIA+ community against discrimination in their everyday lives. Even heterosexual cisgender women experience discrimination too. The SOGIE Equality Bill aims to prevent all kinds of discrimination on the basis of one’s SOGIE.
MISCONCEPTION 4: The provisions of the SOGIE Equality Bill are redundant and are already found in other Philippine laws
The SOGIE Equality Bill is a kind of anti-discrimination bill that is SOGIE-specific. We may have laws such as the Safe Spaces Act (2019), the Anti-Bullying Act (2013), and the Anti-Sexual Harassment Act (1995), but a law preventing discrimination on the basis of SOGIE is still non-existent in the Philippines. We tend to overlook that some people are also discriminated by how they dress differently and by being in same-sex relationships. Hence, measures against discrimination focusing on SOGIE must also be included in Philippine laws in order to prevent SOGIE-based discrimination apart from what is already targeted in our existing laws.
MISCONCEPTION 5: The SOGIE Equality Bill focuses on marriage equality.
The SOGIE Equality Bill is an Anti-Discrimination Bill and not a Marriage Equality Bill, nor does it grant civil union rights to members of the LGBTQIA+ community. In fact, there is no mention of same-sex marriage in the bill except for the explicit provision for "denying an application for or revoking a professional or other similar kind of license, clearance, certification on, or any other similar document, except marriage license, issued by the government" which is discriminatory and unlawful. It is clear that marriage license is excluded.
MISCONCEPTION 6: The SOGIE Equality Bill is an attack on religious freedom.
The Philippine Constitution is clear when it states that “No law shall be made respecting an establishment of religion or prohibiting the free exercise thereof." Congresswoman Geraldine Roman's version of the proposed bill clearly makes this exception: "Engaging in public speech, except religious speech (remarks and comments made in the context of a religious service, ceremony, and activity), meant to shame, insult, vilify, or which tends to incite or normalize the commission of discriminatory practices against LGBTQs, and which acts or practices in turn, intimidate them or result in the loss of their self-esteem."
Hence, religious speech is given exception in the SOGIE Equality Bill. People can utter discriminatory words against LGBTQIA+ during religious ceremonies or masses all they want. The SOGIE Equality Bill will not deprive them of their religious freedom and speech to do so. However, using religious freedom or speech to discriminate which will in effect deprive a person to basic rights and services will never be tolerated by the bill.
MISCONCEPTION 7: The SOGIE Equality Bill allows a change of gender-markers in the birth certificate.
There is no mention in the SOGIE Equality Bill allowing a change of gender-markers in the birth certificate. Even in any revisions of the proposed bill, change of gender is never mentioned nor allowed.
MISCONCEPTION 8: The SOGIE Equality Bill gives LGBTQ+ people a free pass to bully "straight" people.
The SOGIE Equality Bill aims to prevent discrimination on the basis of one’s SOGIE. “Straight” people have SOGIE because everyone has SOGIE. Hence, to say that a SOGIE-specific bill which aims to fight SOGIE-based discrimination will encourage LGBTQIA+ people to bully non-LGBTQIA+ people runs contrary to what the bill is written for.
MISCONCEPTION 9: The SOGIE Equality Bill is not a national issue that needs to be prioritized.
To say that discrimination and inequality that our people are experiencing everyday is of no significant importance and not an issue of national concern is a grave disrespect to the people from whom the power and authority of the government originates. The State is the agency that is supposed to protect everyone as guaranteed by the Philippine Constitution's Equal Protection Clause. To allow this issue to be downplayed to a level which removes its societal significance is a grave violation on our constitutional right to equal protection. Such should not be allowed and tolerated, more so by the state.
MISCONCEPTION 10: The SOGIE Equality Bill would make more people gay.
A bill which seeks to give equal rights to everyone would certainly not make more people gay. Rather, it would encourage people to feel safer and protected regardless of their SOGIE.
SBCA - HRC'S OFFICIAL STATEMENT ON THE PASSING OF THE SOGIE EQUALITY BILL
It must be made clear that being a member of the LGBTQIA+ community is never a choice; it is never a lifestyle. It is something someone cannot control; not a simple choice of whether one can be “straight” or otherwise. This is because people just do not choose to be of a minority where it is possible that your mortality can be threatened by the mere fact that you were born this way. Some people may believe that it is something akin to a phase, wherein it can be prayed away; sometimes using religion as an excuse to blatantly hate towards another.
It is our responsibility as members of the LGBTQIA+, or its allies, to fight for our rights while educating the ignorant. We do not give those who hate the power to bring us down. We must help and bring each other up.
Though it may be taking longer compared to other countries, with this Anti Discrimination Bill having been in a form of legislative limbo for 20 years, it cannot be denied that the Philippines is evolving in a more accepting society. But what can we show for this long delay in retrospect to the rest of the world?
There are policies all over the world in many countries that in some form protects its members of the LGBTQIA+ community. We note two States that have subjugated our country in the past, and what they have done for their LGBTQIA+ citizens.
The United States of America
In 1993, the US military adopted the “Don’t Ask, Don’t Tell” policy wherein it acknowledges the presence of the LGBTQIA+ within its ranks, except that they choose to not deal with this fact openly. This policy was detrimental, because it barred the members of the LGBTQIA+ community from military service. It also prohibited the discussion of a military personnel’s sexual orientation, or from speaking about homosexual relationships. Violators of the Don’t Ask, Don’t Tell policy were to be effectively discharged for the mere reason of being who they are.
As time passed and American society evolved, the law was ultimately repealed by the time Barack Obama came into power, where he signed the repeal of the law in late 2010. But as time did pass, it should be noted that during the lifetime of the law from 1993 to 2010, 13,650 troops were militarily discharged because of the Don’t Ask, Don’t Tell policy.
There are always adverse effects in inaction.
Kingdom of Spain
Spain, the country who has subjugated us for 3 centuries and gave us Roman Catholicism, made employment discrimination on the basis of sexual orientation illegal in 1995 and in 2005, legalized both same-sex marriage and adoption rights of same-sex couples..
Why are we so left behind when it comes to making basic human rights accessible to our LGBTQIA+ citizens, when our conquerors have evolved to such a more accepting society?
In 2014, the Philippines voted in favor of the United Nations Human Rights Council resolution related to sexual orientation and gender identity. This should mean that the Philippines is in line with the idea of equality. But where are our leaders during this time where we are fighting for our basic human rights? Where are those who promised to fight for us?
The SOGIE Equality Bill has been a divisive topic for our legislators. It seems that our leaders are quite frankly blinded by their faith to realize that what we are asking for are merely, human rights. Human rights that in many parts of the world is not even a question.
Being a voice in the battle for human rights, the LGBTQ+ Desk under the Human Rights Center of San Beda College Alabang School of Law is in solidarity with the fight for equality for all. It may take time, as many profound changes in society tend to take, but we believe that change is coming.
In the time of great turmoil within our government and its people, we the members of the community, with our allies, must never lose hope. We must believe in our cause, and that the will of the fighting masses tend to have the wind of time in our favor.
Growing up as part of the LGBTQIA+ community, there was always a sense of fear. A fear that we will be hated for being who we are. But we keep to heart the fact that through the legions of LGBTQIA+ that have come before us, each new generation that enters this world will have a better life when it comes to being who they are. We stand on the shoulders of those who came before us, and we owe it to them to always remember that LGBTQIA+ rights are human rights. The end goal of which has always been happiness.
It has always been our core belief that Love is love. Love trumps hate. Love wins.
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