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Sogie Bill

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SOGIE BILL

Q: What is the meaning of SOGIE?


A: It is an acronym for Sexual Orientation and Gender Identity
Expression.

It is also known as the Equality Bill or Anti-Discrimination Bill.

Q: Let’s dissect SOGIE!


A:
1. Sexual Orientation- refers to who a person is sexually
attracted to.

FIVE subcategories in this section.

1. Asexual - This is a person who is not attracted to anyone


2. Straight - This is an individual who has a sexual attraction to
a person of the opposite gender.
3. Bisexual - It is a person who exhibits sexual attractions to
persons of the same gender, and those of the opposite gender.
4. Gay - A man attracted to a fellow man.
5. Lesbian - A woman attracted to a fellow woman.

2. Gender Identity, is how a person presents or feels about his


gender.

TWO categories:
2.1. Cisgender- is a case where an individual feels that
the gender assigned to him during birth is true to what
he is.

2.2. Transgender - People in this group have a feeling


that they do not belong to the gender assigned to
them at birth. They have a conviction that they belong
to the opposite gender.

3. Gender Expression is typically how an individual presents


him/herself. It could be in the way they dress, speak, or their
general life, among others.
Q: Why is this Bill controversial?
A: This was filed in Congress as early as the Year 2000,
sponsored by the former Senator Miriam Defensor Santiago,
and Akbayan Represetative Etta Rosales. It would pass Third
reading in Congress but can never get passed in the Senate. It
was refiled by other congressman and senator through the
years, but it was never approved.

Q: Status at the moment?


A: The Bill was finally passed in Congress in 2017. House Bill No.
4982 was approved for a third and final reading for the first time
since 2001 with 197 members of the House of
Representatives voting for the bill and none opposing it, a
historic pro-LGBT move from the House of Representatives.

Note: It was sponsored by:

Dinagat Islands Representative Kaka Bag-ao 


Bataan Representative Geraldine Roman,
Akbayan Representative Tomas Villarin

Q: How about in the Senate?


A: The Senate version of the bill was first filed in August 11, 2016.
It was sponsored by Risa Hontiveros in December 14 of the
same year. The bill has become one of the slowest-moving bills
in the country's history. By May 2019, the SOGIE Bill officially
became the longest-running bill under the Senate interpellation
period in Philippine history.

Last December 16, 2020, in the 18th Congress, Risa


Hontiveros, refiled and sponsored the Sexual Orientation and
Gender Identity Expression and Sex
Characteristics (SOGIESC) Equality Bill at the Senate plenary.
It is now reiterated as Senate Bill No. 1934, or AN ACT
PROHIBITING DISCRIMINATION, MARGINALIZATION, AND
VIOLENCE COMMITTED ON THE BASIS OF SEXUAL
ORIENTATION, GENDER IDENTITY, GENDER EXPRESSION
AND SEX CHARACTERISTICS AND PROVIDING
SANCTIONS THEREFOR.
Q: How is Sex Characteristics (SC) defined under the latest
Senate Bill?
A: Refers to a person's physical traits that indicate their biological
sex, such as chromosomes, external genitalia, gonads,
hormones, and internal reproductive organs. Traits present at
birth are called primary sex characteristics, whereas those that
develop during puberty are called secondary sex
characteristics. A person's sex characteristics can be male,
female, or Intersex.

Q: What is the PURPOSE of the SOGIE BILL?


A: 1. To fulfill the equal protection clause under our 1987
Constitution, recognizing LGBTQ++ as equals and ensures that
their rights are protected inasmuch as everyone’s is.

2. To fulfill our country’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.

Q: In summary, what is the SOGIE bill?


A: The law draft identifies a particular set of actions which it
deems as discriminatory. Anyone, corporation, or organization
that violates them is liable to charges in the court.

Q: What are the ACTS considered to be DISCRIMINATORY


and unlawful under the Bill?
A:

1. Denial of rights to LGBTQ+ community on the basis of their


SOGIE, such as:
 their right to access public services,
 right to use establishments and services including
housing,
 right to apply for a professional license, among others.
2. Differential treatment of an employee or anyone engaged to
render services;

3. Denial of admission to or expulsion from an educational


institution, refusal or revocation of accreditation to any
organization due to an individual’s SOGIE will also be
penalized.

4. Forcing any person to undertake any medical or


psychological examination to alter his SOGIE;

5. the publication of information intending to “out” a person


without his or her consent;

6. public speech meant to vilify LGBTQ+,

7. the harassment and coercion of any member of LGBTQ+ by


anyone especially those involved in law enforcement, and
gender profiling.

8. Children under parental authority are given particular


attention in the bill, as the prevention of the expression of
their SOGIE will also be penalized.

9. Any act of harassment or coercion directed to the LGBTQ+


is a discriminatory act under the SOGIE.

Q: What are the PENALTIES for commission of the above-


mentioned acts?
A: Fine -P100,000 to 500,000.00 or
Imprisonment of 1 to 6 years, OR BOTH!

Community service may also be imposed.

Note: Under the latest senate Bill, the fine is not less than
P500,000 but not more than P1,000,000.00.

Q: What are the other features of the SOGIE BILL?


A: it is not only punitive, but also PREVENTIVE.
 It orders the inclusion of SOGIE concerns in all police
station activities and services, with the renaming of the
Women and Children’s Desks to Women, Children, and
LGBTQ++ Protection Desk, and the imposition of human
rights based training on the police.

 It directs the promotion of nondiscrimination through


social protection and diversity programs, and even
incentivizes the positive portrayal of the LGBTQ++ in the
media.

 A SOGIE Equality Oversight Committee shall be created


to effectively implement the Act.

Q: What are the advantages & disadvantages of the SOGIE


Bill?
A: Pros & Cons

Advantages:
1. It advocates for equality and fairness not only to the
LGBTQ members but also to every person in the
country;

2. It seeks to control the behavior and perception of


the general public towards others based on sexual
orientation.

3. The LGBTQ members will have access to hospital


services and other facilities without fear of
discrimination.

Disadvantages

1. The law could be used by the LGBTQ members to


threaten other people that may not agree to their
terms;

2. The draft seeks to undermine religious and


academic freedoms and principles;
3. Transgender will go beyond the bounds of standard
behavior and moral principle.

Other countries have certain laws that specifically prohibit


discrimination against sexual orientation and religion or belief, among
others.

In the United States, discrimination against certain employees and


applicants of a job is criminalized under Title VII of the Civil Rights
Act of 1964. The said law prohibits discrimination based on a
person’s race, color, religion, national origin, physical and mental
disability, reprisal and sexual orientation.

In Australia, it is prohibited to discriminate based on a person’s


gender, sexual orientation, marital or relationship status (including
same-sex couples), familial responsibilities and pregnancy under
the Sex Discrimination Act 1984.

The United Kingdom’s Equality Act 2010 protects people from


discrimination based on their age, disability, gender reassignment,
marriage and civil partnership, pregnancy and maternity, race,
religion and belief, sex and sexual orientation. 

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