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House Bill Number 4982 or An Act Probihiting Discrimination on the Basis of Sexual

Orientation or Gender Identity or Expression (SOGIE) and Providing Penalties therefore

Proposition refers to a “person.” This is the


reason on why there is a Magna
Parameters: Carta for the person with disabilities
All of the data that each speaker would like and, sadly and ANNOYINGLY, even
to utilize to support his/her side’s points women.
(such as statistical data gathered from
various sources, expert quotations, studies, 2. In a working environment, passing the
polls, or, personal experiences) should only SOGIE bill can form individuals who are
be locally gathered. more effective contributors to society which
is the main goal of nation building.
Major points:
1. Despite the Constitution’s laws that 3. Subjecting any person to profiling,
protect human rights, there is no detention, or verbal or physical harassment
existing legislation that penalizes on the basis of their gender identity.
acts of harassment on the specific Supporting News:
basis of sexual orientation and There are still discriminations in the
gender identity. Filipinos can be Philippines despite the year of 2019 wherein
tolerant of the LGBTQ but they are closeted LGBTQ community are more
still a marginalized sector in society. accepted. A report from rappler states that a
transwoman professor experiences work
REBUTTAL: According to a survey discrimination. UP being known as a liberal
done by the Pew Research Center in academic institution that promotes diversity,
2013, The Philippines is the most she gladly accepts the opportunity to work
“accepting” country in Asia in terms of having the thought of being free from
LGBT as 73% of Filipinos said that transphobia. She experienced discrimination
homosexuality should be accepted through malicious gossipings and shameful
by society. accusations.
(https://www.pewresearch.org/global/2013/06/04/the-global-divide-
on-homosexuality/)
Source: https://www.rappler.com/move-
REBUTTAL: ph/233454-transwoman-professor-up-talks-
Fallacy - Generalization about-discrimination-workplace

SUPPORT: The SOGIE bill can be 4. Article 3, Section 5 of the 1987


the “magna carta,” the symbol of Constitution states:
justice, fairness, and human rights, of “No law should be made respecting
the LGBTQ community. an establishment of religion or
a. R.A. 7277: “Magna Carta for prohibiting the free exercise thereof.
Disabled Persons” The free exercise and enjoyment of
b. R.A. 9710: “Magna Carta for religious profession and worship,
Women” without discrimination or preference,
Although Article 3, Section 1 of the shall forever be allowed. No religious
1987 Constitution states that there test shall be required for the exercise
should be “equal protection” to every of civil or political rights.”
“person,” it is not specified on what it
House Bill Number 4982 or An Act Probihiting Discrimination on the Basis of Sexual
Orientation or Gender Identity or Expression (SOGIE) and Providing Penalties therefore

1. The Philippines is called as a accreditation and formal recognitions


“Christian country” only from various organizations.
because more than 86% of 2. It appoints roles to various
the Filipinos claim to be government organizations to conduct
Roman Catholic and 2% investigations and recommendations
belong to over 100 Protestant on filing complaints against violators
denominations. in their corresponding workplaces.
https://asiasociety.org/education/religion The organizations shall mandate
-philippines
grievance mechanisms to address
5. Ensures the implementation of initiatives
discriminatory practices committed
and programs that seek to establish and
by its members and employees.
maintain an environment free of stigma and
3. Better workplace rapport leads to the
discrimination by intergrating Social
making of individuals who are more
Protection programs and Diversity Progams
free in doing their work. A better
and Trainings to provide or conduct trainings
attitude towards working equates
of staff, employees, students and trainees,
better working individuals.
on human rights, gender sensitivity and
4. It allows for the better advancement
awareness, and sensitization on the issue of
of the country from a conservative,
violence and on the basis of SOGIE are
more traditionalist nation to a more
prevented. The concerned agencies,
modern and welcoming society
companies and institutions shall develop
wherein everyone is being accepted
internal mechanisms to address cases of
regardless of their SOGIE.
discrimination and develope administrative
REBUTTAL: It will rather impose fear
solutions or penalties for such cases.
of expressing personal belief (if one
does not support homosexuality
based on various factors such as
6.The SOGIE Bill is not limited to the
religious teachings) because this
LGBTQ+ community. It applies to everyone
may be perceived as “discrimination”
since everyone of us has his/her own sexual
and can be charged by the law. -
orientation and gender identity expression.
Major point #3 in opposition
- it is often misinterpreted that only the
5. It will fill the gaps that are existing in
LGBTQ+ community will benefit from
current laws that cater to forms of
this but it caters to the discrimination
discrimination and promotes peace
of everyone
and love to all individuals.
REBUTTAL: Major point #1 of
6.
opposition

CLOSING STATEMENT FOR


Minor points:
PROPOSITION:
1. It prohibits including the SOGIE in the
As mentioned, existing institutional and
criteria for human resource
human rights laws do not cover the members
movements, the terms, and
of the LGBTQIA+. In fact, despite the country
conditions of employment, admission
being “accepting” of the LGBTQIA+, gender-
and expulsion from any educational
based discrimination still is present
and training institutions, and
House Bill Number 4982 or An Act Probihiting Discrimination on the Basis of Sexual
Orientation or Gender Identity or Expression (SOGIE) and Providing Penalties therefore

regardless of one’s educational attainment, discrimination can be referred to and


socio-economic status and race. it is no longer needed since there are
Aforementioned laws and statements above already several existing laws that
only prove that the country fails to protect caters the rights of citizens in all
everyone and the lawmakers of this country aspects (sex, race, age, class, status,
consciously violates the Article 3, Section 5 ethnicity, color, disability, religious
of the 1987 Constitution. and political beliefs, including sexual
Ladies and gentlemen, we move in fast pace orientation or gender identity or
when it comes to societal, economical and expression).
technological progress and money yet we OTHER LAWS:
cease to work well on defending what is right - R.A. 9710, Section 3 (or
and on filling the apertures of the law. Magna Carta for Women): “All
Remember, law exists in order to maintain individuals are equal as human
peace and order not itself destroy everything beings by virtue of the inherent
by refusing to protect who were meant to be dignity of each human person.
protected. No one should therefore suffer
discrimination on the basis of
SKL: The Trump Administration Asked ethnicity, gender, age,
The Supreme Court To Legalize Firing language, sexual orientation,
Workers Simply For Being Gay race, color, religion, political or
other opinion, national, social
Duterte says that being gay is a
or geographical origin,
disease, he says he was gay before he
disability, property, birth, or
“cured” himself through the help of
other status as established by
beautiful women.
human rights standards.
------------Baka lang makatulong.-------------- - Phil. Constitution, Article II,
Section 11: ““The State values
the dignity of every person and
Opposition guarantees full respect for
human rights”
Major points: - Phil. Constitution, Article III,
1. SOGIE (Sexual Orientation or Section 1, 2, 4, 8, 12:
Gender Identity or Expression) Bill is “guarantees every person the
right to life, security of person
also called as “Anti-Discrimination
and privacy, right to be free
Bill”, however, it makes use of gender from torture, arbitrary arrest
as sole basis for rights and and detention, the right to be
prohibiting discrimination. Under free from discrimination and
Section 4 (Discriminatory Practices) the right to freedom of
expression, and the right to
of the SOGIE Bill, everything is
organize associations”
based, as the name of the bill implies, - Labor Code of the
“on the basis of gender expression”. Philippines Article 282-284:
This cannot be generalized as “Anti- These are the only grounds of
Discrimination Bill” since there are termination of an employee
different aspects in which (a) Serious misconduct
or willful
House Bill Number 4982 or An Act Probihiting Discrimination on the Basis of Sexual
Orientation or Gender Identity or Expression (SOGIE) and Providing Penalties therefore

disobedience by the REBUTTAL: Major point #3 of


employee proposition
(b) Gross and habitual
neglect by the 2. The bill is subjective because
employee of his different people may have different
duties
interpretations of a said statement.
(c) Fraud or willful
What is offensive to others may not
breach by the
employee of the trust be offensive to some. With that said,
reposed in him by people may abuse this bill to
his employer or duly criminalize someone who they hold
authorized grudges against.
representative
(d) Commission of a SUPPORT: Section 4 (L) of the
crime or offense by Congress’s version of the SOGIE bill
the employee against
states that “Engaging in public
the person of his
employer or any speech meant to shame, insult, vilify,
immediate member of or which tends to incite or normalize
his family the commission of discriminatory
(e) Diseases practices against LGBTs, and which
- Civil Code of the acts or practices in turn, intimidate
Philippines them or result in their loss of self-
- Anti-Graft and Corrupt
Practices Act esteem”. The definition of self-
- Code of Conduct and esteem in this context is not clearly
Ethical Standards for defined and so people may claim
Public Officials and that their self-esteem has been
Employees damaged even if it was just a slight
- Revised Penal Code of the misunderstanding between two
Philippines
parties.
- Anti-Sexual Harassment
Act of 1995 3. Non-compliance with the SOGIE Bill
- United Nations’ Universal is punishable by fines and
Declaration of Human imprisonment. If a person disagrees
Rights (Article I): “All with the bill’s gender ideologies,
human beings are born free he/she will be charged 100,000 to
and equal in dignity and 500,000 or 1 to 6 years in prison, or
rights.” Article II: Everyone
both. Ironically, this so-called “Anti-
is entitled to all the rights and
freedoms set forth in this Discrimination Bill” discriminates
Declaration, without those whose beliefs run contrary to
distinction of any kind, such the gender ideology presented by the
as race, colour, sex, SOGIE Bill by criminzalizing any
language, religion, political or dissent.
other opinion, national or 4. Sogie bill imperils the freedom of
social origin, property, birth
or other status. academic institutions. It is said that
the LGBTQ+ are allowed to enter in
House Bill Number 4982 or An Act Probihiting Discrimination on the Basis of Sexual
Orientation or Gender Identity or Expression (SOGIE) and Providing Penalties therefore

an all-girls or all-boys school when 1. It may raise complications in certain


they feel like their sexual orientation sports events. For example, a trans
confides with the criteria of the woman competing in a martial arts
school. Thus, educational institutions event can have the upper hand
will still espouse practices and rules since this kind of sport requires
that are consistent with their school strength. (a biological man is
philosophies and principles. It is physically stronger than a woman)
non-discriminative to decline the 2. Gender neutral bathrooms may
LGBTQ+ members to enter such threaten people’s safety and may
institutions, rather these schools are cause a great discomfort to some
just upholding their philosophy being people.
an all-boys or girls school 3. Sogie bill gives identity to the so
(biologically). called third sex whereas in the bible,
5. It gives special power to the they are not acknowledged. This bill
members of the LGBTQ+ community therefore contradicts what is written
rather than making every individual in the holy book.
equal. Although the bill promotes 4. During the Senate Hearing, Naomi
anti-discrimination it is still directly Fontanos from the Ganda Filipinas, a
focused and biased to the LGBTQ+ transgender woman and advocate of
community. the SOGIE Bill, stated that sex musn’t
6. Sexual orientations are subjective be assigned at birth, because sex
and is solely based on one’s feelings assignment is predictive and not final.
- not in facts, that are supported by According to her, in the case of trans
science. These may change without people, they were assigned male or
prior notice to others. There is no female at birth, however it was
permanency of distinction which may “incorrect” and “was just a guess”.
cause confusion. This contradicts science and biology.
SUPPORT: Atty. Lumanta cited a In order to be called “male”, the child
hypothetical case of a man who must possess the male genitalia and
identifies as a woman but was hormones at birth, and similar to
referred to as “sir” instead of female, the child must possess the
“ma’am.” Will it be considered as female genitalia and hormones.
mental violence because you felt 5. The SOGIE bill penalizes parental
you had been discriminated against rights. It prohibits the parents to
because you were called not by your teach their children on what they
preferred reference? believe to be morally right. This
means that this bill is imposing to
parents to teach their children that
homosexuality is morally acceptable
which is completely the opposite of
most people’s religious practices,
Minor points: both Christians and Muslims alike.
House Bill Number 4982 or An Act Probihiting Discrimination on the Basis of Sexual
Orientation or Gender Identity or Expression (SOGIE) and Providing Penalties therefore

We have not mentioned yet other that have the capability to disrupt peace and
major religious groups. harmony, laws that could produce more
6. Sogie at most are just based on harm than good, and laws that could pave
feelings, ideas, and beliefs. And as the way for injustice, should never be
beliefs, they are already being implemented. Therefore, we make a firm
protected constitutionally and stand that it is not necessary to have a
legislatively. SOGIE law in the Philippines.

CLOSING STATEMENT FOR


OPPOSITION:

As mentioned, this SOGIE Bill, as the name


of the bill implies, makes use of gender
expression as sole basis for rights and
prohibiting discrimination. The bill does not
show objective and rational way of thinking
because some of its parts evidently exhibit
relativism and subjectivity, which means
that different people may have different
interpretations regarding various matters
related to the bill. Ironically, this so-called
“Anti-Discrimination Bill” discriminates those
whose beliefs run contrary to the gender
ideology presented by the SOGIE Bill by
criminzalizing any dissent. If this will be
implemented, it has a high potential of
resulting to lack of justice, peace and
integrity in our country which could
consequently lead to even more barbaric
situations.

Ladies and gentlemen, all individuals, men


and women, regardless of how they identify
themselves, are already equal before the
law and they all enjoy the same rights.
There are already numerous existing laws
that protect everyone from unjust
discrimination, harassment, and abuse. We
can show compassion towards the LGBT
community without having to sacrifice other
human rights. Remember, law exists in
order to maintain peace and order. Laws