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SOGIE Equality Bill

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2018 rally at the EDSA People Power Monument to support the passage of the SOGIE Equality Bill

The Sexual Orientation and Gender Identity Expression (SOGIE, Tagalog: ['sɔdʒi]) Equality Bill, also known as the Anti-Discrimination Bill (ADB),[1][2] are a series of House and Senate bills that were introduced in the 17th and 18th Congress of the Philippines which aims to set into law measures to prevent various economic and public accommodation-related acts of discrimination against people based on their sexual orientation, gender identity, or expression.[3]

Legislative history

Prior to the 17th Congress

A senate bill against discrimination on the basis of sexual orientation and gender identity was believed to have been first filed under the 11th Congress of the Philippines in 2000 by then-Senator Miriam Defensor-Santiago.[citation needed] On July 26, 2004 under the 13th Congress of the Philippines, Senator Defensor-Santiago filed the Employment Non-Discrimination bill which aims to prohibit employment discrimination on the basis of sexual orientation.[4] Similar bills were refiled by her on the 14th (Anti-Discrimination bill of 2007) and 15th congress (Anti-Sexual Orientation Discrimination bill).[5][6]

In the House of Representatives, counterpart house bills were filed continuously by the representatives of Akbayan party-list starting with House Bill 634 filed during the 13th Congress of the Philippines on July 1, 2004 by then party-list Representative Etta Rosales.[7][8][9]

Similar measures continued to be filed by other senators during the 13th to 16th Congress but none have been successful. Example provided below are the first anti-discrimination senate bills from their respective congress:

  • 13th Congress - Senate Bill 165 (Employment Non-Discrimination bill of 2004)[10]
  • 14th Congress - Senate Bill 11 (Anti-Gender Discrimination bill)[11]
  • 15th Congress - Senate Bill 1559 (Anti-Sexual Orientation Discrimination bill)[6]
  • 16th Congress - Senate Bill 1022 (Anti-Discrimination bill)[12]

17th Congress

In 2017, the first SOGI house bill of the 17th Congress was filed by Dinagat Island Representative Arlene Bag-ao under House Bill 51.[13] Similar bills were filed by Bataan Representative Geraldine Roman (HB 267), Akbayan Representative Tomas Villarin (HB 3555), and other representatives. These bills were consolidated and substituted by House Bill 4982.[14] HB 4982 made history when it was approved on the third and final reading with no members of the House of Representatives in opposition, becoming the first Anti-Discrimination Bill that was approved in the House of Representatives.[15][16][17]

The counterpart bill in the Senate, filed by Senator Risa Hontiveros (the first Akbayan senator), was in the period of interpolations by May 2018. It was backed by Senators Loren Legarda, Grace Poe, Nancy Binay, Franklin Drilon, Bam Aquino, Chiz Escudero, Ralph Recto, Sonny Angara, JV Ejercito, Francis Pangilinan, Juan Miguel Zubiri, and Leila de Lima, although de Lima is barred from voting on the bill as she is currently in police custody.[18][19] It was opposed by Senators Tito Sotto, Manny Pacquiao, Cynthia Villar, and Joel Villanueva (who signed up as a co-author of the bill). Other senators such as Win Gatchalian, Koko Pimentel, Antonio Trillanes, Panfilo Lacson, and Richard J. Gordon did not express their support or rejection of the bill. Senator Trillanes is currently facing cases that may put him in jail, which may make him ineligible to vote for the bill like senator de Lima if he is arrested. Additionally, Alan Peter Cayetano and Gregorio Honasan lost their voting rights on Senate measures as they declined to be part of the presidential cabinet.[20] Out of the existing 24 Senate seats: 12 seats can vote and are in support of the bill, 1 seat is in support but cannot vote on the bill, 4 seats can vote and are in opposition to the bill, 5 seats can vote on the bill but have not yet given their positions on it (although the number may be reduced to 5), and 2 seats are de facto vacated.[20] For a bill to pass the Senate, it needs more than half the votes in favor of it from all 24 Senate seats. The SOGIE Equality Bill currently is supported by 12 seats that are allowed to vote on the measure.[21]

The bill is also supported by the Catholic student governments of University of the Philippines-Diliman (UPD), Ateneo de Manila University (ADMU), De La Salle University (DLSU)-Manila, De La Salle - College of St. Benilde (CSB), Far Eastern University (FEU), Miriam College (MC), St. Scholastica's College (SSC)-Manila and San Beda University (SBU). The longest running LGBT student organization, UP Babaylan, has also been supporting the bill ever since it was first filed,[22] as well as known celebrities and icons such as Heart Evangelista, Nadine Lustre, Bianca Gonzalez, Iza Calzado, Charo Santos-Concio, Dingdong Dantes, Joey Mead King, Divine Lee, Karen Davila, Chot Reyes, Tootsy Angara, BJ Pascual, Samantha Lee, Christine Bersola-Babao, Rajo Laurel, Tim Yap, Anne Curtis, Mari Jasmine, Laureen Uy, Pia Wurtzbach, Lorenzo Tañada III, Vice Ganda, Arnold Van Opstal, and Chel Diokno.[23][24][25][26][27][28][29][30][31]

In March 2018, a small group of Christians protested at the Senate against the SOGIE bill by calling the proposed legislation an "abomination", adding that homosexuality is a "sin" citing that their hate is justified because it is written in the Bible and that identifying as part of the LGBT community is a lifestyle. The group also claimed that the bill relates to same-sex marriage, which is not found anywhere within the bill.[32] Senators Villanueva, Gatchalian, and Villar spoke against same-sex marriage after the protest.[33] In May 2018, senator Tito Sotto, who opposes the SOGIE bill, became the new Senate President. In an interview, Sotto was asked on the bill's passage, to which he responded, "Not in this congress."[20]

In July 2018, various high-profile celebrities rallied for the passage of the SOGIE bill. They also called out senators Sotto, Pacquiao, and Villanueva to end the debates and pass the proposed legislation.[24] In August 2018, at the height of the bill's postponed debates, various discrimination incidents against the Filipino LGBT community surfaced, causing public calling for the passage of the SOGIE Equality Bill in the Senate.[34][35] Numerous influential personalities, including political allies of the three senators who oppose the bill, sided with the calls to pass the landmark proposal.[28][34][19]

In May 2019, the SOGIE Equality Bill officially became the longest-running bill under the Senate interpellation period in Philippine history. Supporters of the bill have remarked that the prolonged interpellation was intended by the dissenters to block the passage of the historic anti-discrimination bill.[36] The bill's principal author and sponsor in the Senate, senator Risa Hontiveros, called on her Senate colleagues to formally close the question period so that the bill can be open for amendments and voting.[36] In June 2019, with the end of the session of the 17th Congress, the SOGIE Equality Bill prohibiting discrimination on the basis of sexual orientation, gender identity or expression—after the lawmakers failed to tackle the bill in this session of the Senate of the Philippines. The Senate version of the bill was first filed on August 11, 2016. It was sponsored by Risa Hontiveros on December 14 of the same year. The bill has become one of the slowest-moving bills in the country's history. The passed House version of the bill would have penalised discrimination with a fine of not less than ₱100,000 but not more than ₱500,000, or imprisonment of not less than one year but not more than six years or both, depending on the court's decision.[37] However, she said the bill had gained new allies and wider acceptance among policy makers and the public and that she is confident the bill will pass in the next Congress.[38] The bill was archived, and the bill must be refiled in the 18th Congress, restarting the one to three-year process of enactment.[36][39]

18th Congress

Versions of the SOGIE Equality Bill were refiled in the 18th Congress by Senator Risa Hontiveros,[40] Senator Leila de Lima, Senator Kiko Pangilinan,[41] and Senator Imee Marcos although she is against divorce and same sex marriage stating that its "too complicated".[42] Another similar bill was filed by Senator Sonny Angara.[43] Senators Bong Go,[44] Juan Miguel Zubiri,[45] Ralph Recto,[19] and Franklin Drilon[19] announced their support for the SOGIE Bill. In the House of Representatives, various representatives also filed their versions of the bill, notably, Sol Aragones of Laguna,[46] Geraldine Roman of Bataan,[46] Loren Legarda of Antique,[47] Maria Lourdes Alba of Bukidnon, Jose Belmonte of Quezon city, Bayan Muna representatives Eufemia Cullamat, Carlos Zarate, and Ferdinand Gaite, Kristine Singson of Ilocos Sur, Bagong Henerasyon representative Bernadette Dy, Eric Olivarez of Parañaque city, and Francis Abaya of Cavite.[48] Representatives Sy-Alvarado, De Venecia, Reyes, Taduran, Bordado, Olivarez, and Violago have also signed as co-author of the bill filed by representative Roman,[48] while Gabriela Women's Party representative Arlene Brosas has signed as co-author of the bill filed by Bayan Muna.[48]

Religious leaders also gave their support for the SOGIE Bill, such as Koko Alviar of the Iglesia Filipina Independiente (Aglipayan Church)[49] Sister Mary John Mananzan, OSB, executive director of the Institute of Women's Studies of the Catholic St. Scholastica's College,[50] Bishop Solito Toquiero of the National Council of Churches in the Philippines,[51] and Pastor Kakay Pamaran of the Union Theological Seminary.[51] In contrast, representative Eddie Villanueva claimed that the SOGIE Bill is 'imported' and not part of Filipino culture.[52]

Senate president Tito Sotto expressed dissent against the bill again, adding that the bill "will not pass" in the Senate as long as he is the Senate president.[53] Senator Joel Villanueva also expressed dissent.[54]

Various personalities announced their support for the SOGIE Bill, namely: Anne Curtis,[55] Heart Evangelista, Catriona Gray, Pia Wurtzbach, Judy Taguiwalo,[56][57] Iza Calzado, Nadine Lustre, Janine Gutierrez, BJ Pascual, Mari Jasmine, and Samantha Lee.[58] Former Vice President Leni Robredo also supports the SOGIE Bill,[59] while President Rodrigo Duterte supports "an anti-discrimination law patterned like the one approved in Davao".[60] The government has stated that they will not certify an anti-discrimination bill as "urgent".[61] In September 2020, groups again called to pass the SOGIE bill after President Duterte gave an absolute pardon to a former US Marine who has been convicted of homicide in relation to the killing of trans Filipina Jennifer Laude.[62]

See also

References

  1. ^ Casal, Chang (May 27, 2019). "Before 'same-sex unions,' let's talk about the Anti-Discrimination Bill first". CNN Philippines. Archived from the original on October 6, 2019. Retrieved October 6, 2019.
  2. ^ "Sotto: SOGIE bill, malabong pumasa sa Senado". ABS-CBN News. 2019-09-04. Archived from the original on 2019-09-21. Retrieved 2019-11-18.
  3. ^ Arias, Jacqueline (March 19, 2018). "Debunking Some Misconceptions About the SOGIE Equality Bill". Philippine Daily Inquirer. Archived from the original on March 30, 2019. Retrieved November 25, 2018.
  4. ^ Senate Bill No. 1849 (July 26, 2004), An Act To Prohibit Employment Discrimination On The Basis Of Sexual Orientation (Employment Non-Discrimination Act) Archived 2022-02-16 at the Wayback Machine
  5. ^ Senate Bill No. 1843 (November 7, 2007), An Act Prohibiting Discrimination On The Basis Of Sexual Orientation And Providing Penalties Therefor (Anti-Discrimination Act Of 2007) Archived 2022-02-16 at the Wayback Machine
  6. ^ a b Senate Bill No. 1559 (July 19, 2010), An Act Prohibiting Discrimination On The Basis Of Sexual Orientation And Providing Penalties Therefore (Anti-Sexual Orientation Discrimination Act) Archived 2022-02-16 at the Wayback Machine
  7. ^ House Bill No. 634 (1 July 2004), An Act Prohibiting Discrimination On The Basis Of Sexual Orientation And Gender Identity And Providing Penalties Therefor
  8. ^ House Bill No. 956 (10 July 2007), An Act Prohibiting Discrimination On The Basis Of Sexual Orientation And Gender Identity And Providing Penalties Therefor
  9. ^ Elemia, Camille (21 December 2016). "After 17 years, LGBT anti-discrimination bill up for Senate debate". Rappler. Archived from the original on 23 September 2017. Retrieved 25 September 2017.
  10. ^ Senate Bill No. 165 (June 30, 2004), An Act To Prohibit Employment Discrimination On The Basis Of Sexual Orientation (Employment Non-Discrimination Act Of 2004) Archived 2022-02-16 at the Wayback Machine
  11. ^ Senate Bill No. 11 (June 30, 2007), An Act Prohibiting Discrimination On The Basis Of Sexual Orientation And Gender Identity And Providing Penalties Therefor (Anti-Gender Discrimination Act) Archived 2022-02-16 at the Wayback Machine
  12. ^ Senate Bill No. 1022 (July 22, 2013), An Act Prohibiting Discrimination On The Basis Of Sexual Orientation And Gender Identity And Providing Penalties Therefor (Anti-Discrimination Act) Archived 2022-02-16 at the Wayback Machine
  13. ^ House Bill No. 51 (26 July 2016), An Act Prohibiting Discrimination On The Basis Of Sexual Orientation Or Gender Identity (SOGI) And Providing Penalties Therefor (PDF), archived from the original (PDF) on 17 February 2022, retrieved 17 February 2022 {{citation}}: |archive-date= / |archive-url= timestamp mismatch; 16 February 2022 suggested (help)
  14. ^ House Bill No. 4982 (7 February 2017), An Act Prohibiting Discrimination On The Basis Of Sexual Orientation Or Gender Identity Or Expression (SOGIE) And Providing Penalties Therefor (PDF), archived from the original (PDF) on 17 February 2022, retrieved 17 February 2022 {{citation}}: |archive-date= / |archive-url= timestamp mismatch; 16 February 2022 suggested (help)
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  18. ^ Legaspi, Amita (10 August 2018). "4 senators express support for immediate passage of SOGIE bill". GMA Network. Archived from the original on 2 September 2019. Retrieved 2 September 2019.
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  26. ^ Ganal, FM (23 July 2018). "Tootsy Angara, Heart Evangelista: What their pins at SONA 2018 stand for". PEP.ph. Archived from the original on 10 August 2018. Retrieved 10 August 2018.
  27. ^ Cepeda, Cody (24 July 2018). "Heart Evangelista, Tootsy Angara show support for SOGIE bill by wearing rainbow pins at SONA". Philippine Daily Inquirer. Archived from the original on 2 September 2019. Retrieved 2 September 2019.
  28. ^ a b "Pia Wurtzbach calls on Philippine Senate to pass SOGIE equality bill". Rappler. 13 August 2018. Archived from the original on 2 September 2019. Retrieved 2 September 2019.
  29. ^ "Erin Tañada urges Senate to pass SOGIE bill". politics.com.ph. August 10, 2018. Archived from the original on September 2, 2019. Retrieved September 2, 2019.
  30. ^ Franco, Bernie (28 August 2018). "Dingdong Dantes reiterates importance of anti-discrimination bill". Pep.ph. Archived from the original on 30 August 2018. Retrieved 30 August 2018.
  31. ^ Cepeda, Cody (16 October 2018). "Vice Ganda on SOGIE Bill to senators Sotto, Villanueva: 'Ipasa na 'yan, para walang gulo'". Philippine Daily Inquirer. Archived from the original on 2 September 2019. Retrieved 2 September 2019.
  32. ^ Elemia, Camille (7 March 2018). "Christian groups troop to Senate vs landmark SOGIE bill". Rappler. Archived from the original on 5 December 2021. Retrieved 16 February 2022.
  33. ^ Torrezoga, Hannah (7 March 2018). "Senators oppose passage of same sex marriage". newspaper article uploaded to web by Roel Tibay. Manila Bulletin. Archived from the original on 9 November 2020. Retrieved 2 September 2019.
  34. ^ a b Gaea Katreena Cabico (29 August 2018). "KaladKaren's experience shows urgency to pass SOGIE bill — Hontiveros". The Philippine Star. Archived from the original on 30 August 2018. Retrieved 30 August 2018.
  35. ^ "Discrimination vs 'KaladKaren' a wake-up call to pass LGBT rights bill - Hontiveros". ABS-CBN News. 29 August 2018. Archived from the original on 2 September 2019. Retrieved 2 September 2019.
  36. ^ a b c Michael Joe Delizo (9 March 2019). "SOGIE Equality Bill might start from scratch 19 years since proposal". ABS-CBN News. Archived from the original on 10 May 2019. Retrieved 10 May 2019.
  37. ^ Rik Glauert (5 June 2019). "Long-awaited anti-discrimination bill flounders in Senate of the Philippines". Gay Star News. Archived from the original on 30 July 2019. Retrieved 15 June 2019.
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  39. ^ Luci-Atienza, Charissa; Cahiles-Magkilat, Bernie (1 November 2019). "Why SOGIE bill is counterproductive". Manila Bulletin. Archived from the original on 16 February 2022. Retrieved 16 February 2022.
  40. ^ Orellana, Faye (2019-09-08). "Anne Curtis on SOGIE bill: Equality is all LGBT+ community seeks". Philippine Daily Inquirer. Archived from the original on 2019-12-06. Retrieved 2019-11-18.
  41. ^ Placido, Dharel (September 4, 2019). "'It's dangerous': Groups say SOGIE equality bill discriminatory". ABS-CBN News. Archived from the original on October 6, 2019. Retrieved October 6, 2019.
  42. ^ Ramos, Christia Marie (2019-07-25). "Imee Marcos files own version of SOGIE bill; rejects same sex marriage, divorce bill". Philippine Daily Inquirer. Archived from the original on 2019-07-26. Retrieved 2019-11-18.
  43. ^ Gregorio, Xave (2019-08-16). "SOGIE Equality Bill needed to address LGBTQ+ sector's special needs – solon". CNN Philippines. Archived from the original on 2019-10-28. Retrieved 2019-11-18.
  44. ^ Viray, Patricia Lourdes (2019-08-14). "Hontiveros appeals to Senate to pass SOGIE bill amid Cubao discrimination incident". The Philippine Star. Archived from the original on 2019-09-15. Retrieved 2019-11-18.
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  48. ^ a b c "House of Representatives". Congress.gov.ph. Archived from the original on 2020-06-04. Retrieved 2019-11-18.
  49. ^ Placido, Dharel (2019-09-05). "No 'special rights' given: Catholic nun supports SOGIE equality bill". ABS-CBN News. Archived from the original on 2019-11-07. Retrieved 2019-11-18.
  50. ^ Magallanes, Albert Jr. Tan (5 September 2019). "'Give attention to people who actually suffer discrimination and violence' – Sister Mary John Mananzan". Outrage Magazine. Archived from the original on 22 September 2019. Retrieved 14 September 2019.
  51. ^ a b Tan, Lara (2019-09-04). "Some religious leaders back SOGIE bill". CNN Philippines. Archived from the original on 2019-10-28. Retrieved 2019-11-18.
  52. ^ Vergara, Robert (2019-09-03). "SOGIE bill 'imported,' disregarded PH culture – Eddie Villanueva". CNN Philippines. Archived from the original on 2019-09-04. Retrieved 2019-11-18.
  53. ^ Rey, Aika (21 August 2019). "Sotto says SOGIE bill has 'no chance' of passing Senate". Rappler. Archived from the original on 2019-08-21.
  54. ^ Gregorio, Xave (2019-08-15). "Villanueva: SOGIE Bill 'not the right' anti-discrimination measure". CNN Philippines. Archived from the original on 2019-10-28. Retrieved 2019-11-18.
  55. ^ "Anne Curtis declares support for SOGIE bill". ABS-CBN News. 2019-09-08. Archived from the original on 2019-09-22. Retrieved 2019-11-18.
  56. ^ Malig, Kaela (12 September 2019). "Celebrities show support for SOGIE bill". GMA Network. Archived from the original on 2019-12-27. Retrieved 2019-11-18.
  57. ^ Galvez, Daphne (30 August 2019). "SOGIE bill won't spoil rights of non-LGBTQ, says former DSWD chief". Philippine Daily Inquirer. Archived from the original on 2019-12-05. Retrieved 2019-11-18.
  58. ^ "LOOK: Stars, beauty queens at Metro Manila Pride 2019". Rappler. 30 June 2019. Archived from the original on 28 April 2022. Retrieved 16 February 2022.
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  60. ^ Palicte, Che (2019-09-13). "Go reiterates PRRD for anti-discrimination law, not SOGIE bill". Philippine News Agency. Archived from the original on 2022-04-28. Retrieved 2019-11-18.
  61. ^ Ranada, Pia (11 September 2019). "Duterte won't certify SOGIE equality bill as urgent after all". Rappler. Archived from the original on 17 September 2019. Retrieved 13 January 2022.
  62. ^ "Groups call Duterte's pardon of Pemberton a 'direct attack' on trans people". 7 September 2020. Archived from the original on 7 September 2020. Retrieved 7 September 2020.
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