Sogie Bill Position Paper PDF

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Why shouldn’t you say ‘no’ to the SOGIE Bill?

Countless stories of individuals could be heard if only people just dared to look and listen— and each of them are exactly why there is a need to make the SOGIE Equality Bill a reality. House Bill No. 4982 or “An Act Prohibiting Discrimination Based on Sexual Orientation or Gender Identity or Expression (SOGIE) and Providing Penalties Therefor” is the first of its kind in the country. The SOGIE (Sexual Orientation, Gender Identity, and Gender Expression) Bill is perhaps one of the hottest issues in social media, or even in mainstream media. This was out in the center stage because of the incident that involved a supposed member of the LGBT community who was allegedly prevented from using a female restroom by a mall staff. The SOGIE bill just shook the tree, and all the intellects are now brought to the table because of the said incident. The first version of the SOGIE Equality Bill was filed in the 11th Congress by the late Sen. Miriam Defensor-Santiago and Akbayan Rep. Etta Rosales. It was pending for nineteen years and is now coming to fruition in the 17th Congress. While the bill still must hurdle the Senate, its passage in the House is already a victory for the LGBTQ++ community. The SOGIE Equality Bill is meant to fulfill the rights outlined in the 1987 Constitution, particularly the equal protection clause. It recognizes the LGBTQ++ as equals and ensures that their rights are protected in as much as everyone is. The bill also acknowledges Philippine's 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. Given these statements, many still find SOGIE Bill unacceptable for they do not really have a grasp and complete understanding of it. The bill promotes the acceptance of modern families consisting of LGBTQ++ members in the country. Modernization is catching up with the Filipinos especially that we live in a changing world. Now we have LGBTQ+ families consisting of trans parents, lesbian moms, gay dads, and non-binary guardians. For years, we know the traditional concept that a family consists of a father, a mother, and their children, but this bill shows that there is more to the meaning of it. However, in 2018 United Nations Development Program report regarding the Philippine law stated that “full recognition of gender identity of transgender people remains elusive.” LGBTQ+ communities are still difficult to be accepted by society, especially their role on being parents.

Harassment and discrimination are still happening as gender recognition law is still not a thing in the country. Situations also happen where qualified employees are hindered to be employed because of their sexual orientation and gender identity. These employees experience harassment, slurs, and jokes in their respective company from their co-workers. In line with this, the proposed SOGIE bill protects employees against any form of discrimination. As stated in Section 5 of the said bill, including SOGIE in their criteria for hiring is prohibited and under discriminatory practices defined by Section 3. Additionally, this will benefit all employees, private or public workplaces, against discrimination. To further support this bill, a study was conducted by the Philippine LGBT Chamber of Commerce that 25% of the respondents have experienced harassment from their employers, 33% have experienced harassment from their co-workers, and 60% have experienced jokes based on their SOGIE. The numbers of employees being harassed are increasing and affecting our country’s economic and social growth. This bill will protect anyone regardless of their SOGIE from discrimination. As the norm says, the school is the second home of each student. Inside every school comes every equipping idea that hopes to mold a person to become a noble citizen in the future. The student inevitably creates a community that may possess the culture and norms that another society contains. However, despite the liveliness and nurturing environment, some of the schools in our country tend to become an abyss to some students, especially to those who are members of the LGBTQ+ Community. Some schools tend to fail in providing the children a home outside their homes. Discrimination becomes evident and it significantly affects the well-being of the children. The irrational judgment of others that leads to bullying becomes normal. With that, students learn and carry those traits that hold bigotry. It was mentioned in Article XIV of 1987 about its freedom on deciding according to its aims and objectives that is highly reserved on gaining any interference. This has been a platform of some institutions on raising standards that may become effective in creating an unhealthy learning environment; enabling discrimination to circulate schools. Policies on gender expression, masculinity testing, required haircuts, and other gender insensitive ideas create an active culture of hate and disrespect were built instead of those that focus on the welfare of students. Stronger laws must be implemented to protect students by limiting policies on uniform restrictions, refused admission, expulsion, or anything that prohibits

them from gaining education and training is seen to be a violation. Therefore, the SOGIE Bill protects and preserves the culture of respect for people regardless of their status in life and even how they express themselves. Despite the arguments stated, many still reasons out that our country does not need the “AntiSOGIE Discrimination Bill” for we already have existing anti-discriminatory laws. As of 2017, 24 cities and municipalities have laid down anti-discriminatory ordinances. Also, there are “The 1987 Philippine Constitution,” “Labor Code of the Philippines,” “Civil Code of the Philippines,” and many more laws that protect the members of the LGBTQ+ from discrimination. Moreover, according to Ryan Borja Capitulo, an obstetrician and gynecologist and a member of the LGBTQ++ Community, reasoned that the SOGIE bill is not needed because the Philippines tolerates the LGBTQ++ members and is known to be a “gay-friendly” country. He also stated that the SOGIE Bill will offend the people’s faith and freedom in expressing their religion. The country may be known to be accepting the LQBTQ++ Community, however, in many places inside and outside Manila’s walls, you do hear stories that make one realize that keeping the rainbow flag furled is still the safer bet for many people. Their community continues to suffer from stressors in the forms of discrimination, exclusion, and gender-based violence, as stated in the arguments provided. Prof. Hadji Balajadia of Ateneo De Davao University’s Department of Psychology bluntly tells, “Their potentials and well-being are shattered and shaken.” Indeed, SOGIE Bill will create a comfort place for students and adults to express their identity and not just hide in the closet because of the doubts of other’s validation and acceptance. The SOGIE Bill will be a big help to everyone who strives for equality. It will help the community in spreading love and awareness, especially to those members who want to start a family of their own. They will be treated as humans, and not just be “tolerated” in our society. It will protect employees from slurs, offensive jokes, discrimination, and harassment. Also, LGBTQ++ members’ talents and potentials will not go to waste and they can confidently showcase their true abilities. The bill will also protect students from bullying and help them grow and discover themselves more. Every people have their own sexual orientation and gender identity. Having this bill passed does not make anyone’s right violated, rather promotes it in return. The SOGIE bill will benefit not only the LGBTQ++ Community, but also our whole society. People should learn that that sex and gender are separate from one another, one can

choose to live a truth outside of the binary. Only by speaking out can we create lasting change— and that change begins with feeling the freedom of coming out.

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AN ACT PROHIBITING DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION AND GENDER IDENTITY OR EXPRESSION (SOGIE) AND PROVIDING PENALTIES THEREOF,

S,

1271,17th

Cong.

(2016).

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http://legacy.senate.gov.ph/lisdata/2517921693!.pdf? fbclid=IwAR2Eh8vyfXxQRLX8UEAlKYcIAK31ZWA4AaExkQpeD2BtwGXfD0dIBKPeU-Q....