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THE SOGIE BILL

The Sexual Orientation and Gender Identity and Expression


Equality Bill, also known as the Anti-Discrimination Bill
(ADB),
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information in the text belong solely to the
author of the source or reference of the report
and not necessarily to the reporters.
BRIEF HISTORY OF
SOGIE BILL
BRIEF BACKGROUND OF SOGIE BILL
History in Congress
The earliest version of the SOGIE equality bill was filed in 2000 by the
late senator Miriam Defensor Santiago and former Akbayan representative
Loretta Rosales under the 11th Congress.
Year 2013
On August 3, then-Commission on Human Rights (CHR) chair and
pioneer SOGIE bill sponsor Loretta Ann Rosales says the CHR is working
on a database on LGBTQ+ hate crimes to better their prosecution and
investigation.
By the end of the same month, then-Laguna representative Sol Aragones
introduces House Bill No. 2572, which would make LGBTQ+ hate crimes an
aggravating circumstance for crimes against persons and chastity.
Year 2014
Trans woman Jennifer Laude is murdered by a US Marine on October
11. Laude’s case catalyzes discussion and action toward advancing
transgender rights.
Year 2016
During the election campaign, then-senatorial candidate Manny
Pacquiao calls same-sex couples “mas masahol pa sa hayop (worse than
animals)” in a viral video interview by Bilang Pilipino. He has served two
terms as a congressman by this time.
Bataan congressional candidate Geraldine Roman makes history as she
takes her seat as the first-ever elected transgender woman in the House of
Representatives in May.
The first Senate version of the anti-discrimination bill is filed on August
11 by Senator Risa Hontiveros, while its House counterpart remains
pending.
Year 2017
After 17 years since its first filing, the anti-discrimination bill is passed
by the 17th Congress on its third and final reading on September 20 with a
vote of 197-0 in the House of Representatives. The version of Rep. Geraldine
Roman.
Year 2019
The anti-discrimination bill is due for passage by June before the 17th
Congress adjourns. The bill languishes after suffering 3 years of
interpellations.
After Hontiveros delivers a privilege speech on August 14, renewing her
call for Congress to pass the SOGIE bill,.
Sotto strikes back with another remark about the bill having “no
chance” of passing the Senate if it “transgresses on academic freedom,
religious freedom, and women’s rights.”
WHAT ARE THE
GENDERS?
Based on House Bill No. 4982 by Rep. Geraldine
Roman & Senate Bill No. 1271 by Sen. Risa
Hontiveros.
SOGIE DEFINITION OF TERMS
Sex
- refers to male, female, or intersex. lntersex refers to people born with the
sex characteristics (including genitals, gonads and chromosome patterns)
that do not fit typical binary notions of male or female bodies, all of which
are natural bodily variations along a spectrum. [HB 4982]
Gender Identity
- refers to the personal sense of identity as characterized, among others, by
manner of clothing, inclinations, and behavior in relation to masculine or
feminine conventions. [SB 1271] A person may have a male or female identity
with the physiological characteristics of the opposite sex, in which case this
person is considered transgender. [HB 4982]
- cisgender a gender identity that society considers to “match” the
biological sex assigned at birth.
Gender Expression
- refers to the way a person communicates gender identity to others
through behavior, clothing, hairstyles, communication or speech pattern, or
body characteristics. [HB 4982]
- feminine women who wears acts and dress like women, masculine men
who acts and dress like men, and androgynous men or women who acts
and dress of the opposite sex.
Sexual Orientation
- refers to the direction of emotional, sexual attraction, or conduct towards
people of the same sex (homosexual orientation) or towards people of both
sexes
(bisexual orientation), or towards people of the opposite sex (heterosexual
orientation) or to the absence of sexual attraction (asexual orientation). [HB
4982]
Gender Sexual
Sex Gender Identity
Expression Orientation

Male Cisgender Masculine Heterosexual

Female Transgender Feminine Homosexual

Intersex Androgynous Bisexual

Asexual
WHAT IS THE
INSIDE OF THE
SOGIE BILL?
Based on House Bill No. 4982 by Rep. Geraldine
Roman
SECTION 2: Declaration of Policy
The State recognizes the fundamental right of every person regardless of
sex, age, class, status, ethnicity, color, disability, religious, and political beliefs,
sexual orientation, or gender identity or expression, to be free from any form of
discrimination. It shall therefore intensify its efforts to fulfill its duties under
the Equal Protection Clause and the Bill of Rights provisions of the Philippine
Constitution, and international and domestic laws to respect, protect, and
fulfill the rights and dignity of every individual.
SECTION 5: Discriminatory Practices
a) Promote and encourage stigma on the basis of SOGIE in the media, in
educational textbooks, and other medium. Inciting violence and sexual abuse
against any person or group on the basis of SOGIE is likewise prohibited;
b) Include SOGIE, as well as the disclosure o f sexual orientation, in the
criteria for hiring, promotion, transfer, designation, work assignment, re-
assignment, dismissal o f workers, and other human resource movement and
action, performance review and in the determination of employee
compensation, career development opportunities, training, and other learning
and development interventions, incentives, privileges, benefits or allowances,
and other terms and conditions of employment.
c) Refuse admission or expel a person from any educational or training
institution on the basis of SOGIE.
d) Impose disciplinary sanctions, penalties harsher than customary or
similar punishments, requirements, restrictions, or prohibitions that infringe
on the rights of the students on the basis of SOGIE, including discriminating
against a student or trainee due to the SOGIE of the student's parents or legal
guardian;
e) Refuse or revoke the accreditation, formal recognition, registration or
plan to organize of any organization, group, political party, institution or
establishment, in educational institutions, workplaces, communities, and other
settings, solely on the basis of the SOGIE of their members or of their target
constituencies;
f) Deny a person access to public or private medical and other health
services open to the general public, as well as access to public and private
health insurance, including HMOs, on the basis of SOGIE;
g) Deny an application for or revoke, on the basis of SOGIE, any
government license, authority, clearance, permit, certification, or other similar
documents necessary to exercise a profession, business, or any other legitimate
calling;
h) Deny a person, access to or the use of establishments, facilities,
utilities or services, including housing, open to the general public on the basis
of SOGIE.
I) Subject or force any person to undertake any medical or psychological
examination to determine or alter the person's SOGIE without the expressed
approval of the person involved, except in cases where the person involved is a
minor and below the age of discernment in which case prior approval of the
appropriate Family Court shall be required.
j) Subject any person, natural or juridical, to profiling, detention, or
verbal or physical harassment on the basis of SOGIE.
k) Subject a person to any other analogous acts that shall have the effect
or purpose of impairing or nullifying the enjoyment, recognition, and exercise
of a person's human rights and fundamental freedoms.
WHAT ARE
REASONS WHY IT
WAS OPPOSED?
WHAT ARE REASONS WHY IT WAS
OPPOSED?
Some of the provisions can be a backdoor cut for other means of the
LGBTIQA+ community for other conservative groups. But for others, it is a
way to discriminate against the straights, freedom of religion and freedom of
expression. Here are the following reasons.
g) Deny an application for or revoke, on the basis of SOGIE, any government
license, authority, clearance, permit, certification, or other similar documents
necessary to exercise a profession, business, or any other legitimate calling;

- this can mean that they can now apply for marriage certificates and
sue the government if they are not granted this permits. But according to Sen.
Hontiveros it is only applicable to documents to exercise professions. For other
groups, it can also mean that a parent can how leave blank the “Sex” in the
Birth Certificate.
Some also see it as a way of discrimination against the religious
freedom of other people. Imagine if you are running a Catholic or Christian
school that only exclusive for girls or boys. Will you not be compelled to accept
say a biological boy who identifies himself a girl or a biological girl who
identifies himself a boy besides they say transmen are men. Or let say if a
transwoman who will compete in a sports event for women, would that
discriminate the biological women putting them at enormous disadvantage but
then again transwomen are women.
Senator Villanueva raises a question if a religion promotes their beliefs
on same-sex marriage will it constitutes stigma and discrimination but it will
also cause discrimination or violation of freedom of religious beliefs.
A baker in the United States was sued for refusing to make a wedding
cake for a gay couple. The Supreme Court of the United States later ruled on
the favor of the cake shop owner on the basis of his religious belief and
freedom of expression. If a similar incident happened in the Philippines,
according to Sen. Hontiveros the cake shop owner will have a legal obligation
to practice non-discrimination because operating under a permit. It means he
has to sell that cake even it was against his religious belief.
THANK
YOU
REFERENCE
• https://www.rappler.com/newsbreak/iq/238593-timeline-sogie-equality-
philippines
• http://www.congress.gov.ph/legisdocs/first_17/CR00101.pdf
• https://www.senate.gov.ph/lisdata/2517921693!.pdf
• http://www.chp.edu/-/media/chp/departments-and-services/adolescent-
and-young-adult-medicine/documents/gender-and-sexual-
development/basic-definitions-
sogie.pdf?la=en&hash=C2D13108540DD7D4A685C55CB30C7ACD6C71D31
0
• https://www.youtube.com/watch?v=6iJVCkPqjyE
• https://www.youtube.com/watch?v=CoyvLOqMxeY

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