Written By: Ramon Contreras
Editorial Cartoon By: Rose Venneth Hontiveros
Almost anywhere today, there is at least a member of the Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, and Asexual (LGBTQIA+) community who suffers from discrimination and violence perpetrated by a society that thrives on negative beliefs and traditions. For decades, the dilemma of the LGBTQIA+ community was addressed by the present society, which is evident in the rising number of harassments, brutal killings, criticisms, and misgendering.
The Anti-Discrimination Bill, otherwise called the Sexual Orientation and Gender Identity Expression (SOGIE) Equality Bill, was proposed by Congress in 2000. It aims to end gender-based discrimination by penalizing people involved in such activity. It is meant to fulfill the rights outlined in the 1987 constitution, particularly the equal protection section. It recognizes the LGBTQ+ Community as equals and ensures that their rights are protected as much as everyone else. Additionally, the bill recognizes the Philippines' international legal duties, namely the International Covenant on Civil and Political Rights (ICCPR) along with the Universal Declaration of Human Rights (UDHR). It thus recognizes the anti-discrimination of the LGBTQ+ Community as both a national and international duty.
It was filed at first by the late Miriam Defensor-Santiago and former Akbayan party-list Representative Etta Rosales. The bill's current version is handled by Bataan First District Representative Geraldine Roman and Tom Villarin in the House, Akbayan Partylist Representative, and Risa Hontiveros in the Senate.
Last June 30, 2018, LGBTQ+ members and supporters accumulated everywhere to indicate support for the SOGIE Bill's filing. They participated at the People Power Monument, and they listened to what campaigners had to say about the bill. Additionally, they showed a fraction of the incorrect assumptions made by commenters.
While the support for the bill is tremendous, some people are adamantly opposed to it. Sen. Tito Sotto even stated that the legislation had little chance of being enacted by the Senate before the sixteenth Congress adjourned in June 2019. The SOGIE Equality Bill has finally reached the Senate after nearly 20 years of being put on the backburner. But the bill has met staunch opponents in legislators like Manny Pacquiao, Tito Sotto, and Joel Villanueva. They often cite religious rights as barring it from moving forward. Despite its existence for two decades, the proposed bill has yet to pass through the legislative process.
Churches have organized resentment by flooring their argument against the SOGIE Bill, as this is a form of disregard of religions' commands. Regardless, the law will not invalidate anyone's convictions. It intends to protect members of the LGBTQ community from segregation and mistreatment.
The law begins by introducing and defining the notions of sexual preference, gender identification, and gender orientation, as well as other terminology associated with the aforementioned. Furthermore, it provides a list of the behaviors that will be recognized as demeaning and illegal under the bill, such as denying rights to the LGBTQ+ community predicated on their SOGIE, such as their right to obtain government services, their privilege to use institutions and facilities, including accommodation, and their right to qualify for professional certification. Discriminatory treatment of a worker or anybody supplying services, denial of admittance to or expelled from an academic institution, rejection or suspension of certificate to any organization based on a person's SOGIE shall also be punished.
Additionally, the bill defines unequal treatment as the act of provoking any person to undergo any medical or mental health assessment to amend his SOGIE, the publication of information intended to "out" an individual without their knowledge or permission, public speech intended to demean LGBTQ+, the abuse and threat of force of such by anybody, particularly local enforcement personnel, and gender stereotyping. The law pays special attention to children under parental responsibility since preventing them from expressing their SOGIE will also be punished. Under the SOGIE, any harassment or pressure aimed toward LGBTQ+ individuals is a discriminatory act.
A fine of P100,000 to P500,000 or a prison term of one to six years (1 to 6 years) or both should be imposed to execute any of the aforementioned actions. Additionally, the court may require community work requirements as a condition of attendance.
Not only is the law punishing, but it is also preventative. It directs that SOGIE issues be integrated into all police station operations and services, including the rebranding of the Women and Children's Desks to Women, Children, and LGBTQ++ Protection Desks and the implementation of human rights rights-based training for police officers. It advocates for non-discrimination via social protection and diversity initiatives and even incentivizes fair media representation of LGBTQ++. A SOGIE Equality Oversight Committee should be established to ensure the act's proper implementation.
Comments