The Problematic SOGIE Bill

The SOGIE Bill (Sexual Orientation and Gender Identity Expression Equality Bill) also known as the Anti-Discrimination Act is authored by the Committee on Women, Children, Family Relations and Gender Equality which is headed by Senator Riza Hontiveros, has been a hotly debated issue of late.

The proposed bill is being enacted by the Senate and House of Representatives and still awaiting more additional revisions.  The SOGIE Bill hit the spotlight due to the incident regarding the live video of Gretchen Diez, a transwoman for being prohibited to use the women’s comfort room at a certain mall in Cubao, Quezon City.  Social media post of known celebrities like Vice Ganda and Miss Universe 2018 Catriona Gray and the like, also increased the flames of the fire. 

However, to better understand the bill that has gotten a lot of people conversing, posting and commenting in social media, let’s read some of the salient points of the bill:

“Section 2, Declaration of Policy – The State recognizes the fundamental right of every person, regardless of sex, age, class, ethnicity, color, disability, religious and political beliefs, sexual orientation or gender identity, to be free from any form of discrimination. It shall therefore intensify its efforts to fulfill its duties under international and domestic laws to respect protect and fulfill the rights and dignity of every individual.” 

Like the Philippine Constitution, the SOGIE Bill doesn’t only aim to protect the rights of Gays/Transgender/Bisexual etc. but the rights of every individual regardless the sexual orientation, political and religious beliefs, color or ethnicity. Each individual should not to be discriminated . 

Section 7 of the proposed bill provides a hefty penalty for those found guilty of violating the Bill, read on. 

“Section 7. Penalties. - Any person who commits any discriminatory practice described in Section 5(a), 5(d), 5(e), 5(g), and 5(h), upon conviction, be penalized by a fine of not less than One Hundred Thousand Pesos (P100,000) but not more than Two Hundred Fifty Thousand Pesos (P250,000) or imprisonment of not less than one  (1) year but not more than six (6) years, subject to the discretion of the court.  Any person who commits any discriminatory practice described in Section 9 5(b), 5(c), 5(f), 5(i), and 5(j) shall, upon conviction, be penalized by a fine of not less than Two Hundred Fifty Thousand Pesos (P250,000) but not more than Five  Hundred Thousand Pesos (P500,000) or imprisonment of not less than six (6) years but not more than twelve (12) years, subject to the discretion of the court. Any person who commits any discriminatory practice described in Section 5(k) shall upon conviction be penalized with the same penalty as the prohibited act to which it is analogous.  In addition, the court may impose upon a person found to have committed any of the prohibited acts the rendition of community service in terms of attendance in human rights education's familiarization with and exposure to the plight of the victims.

However, this bill is yet to turn into law. So we will have to watch and see as how the bill will progress now as it has been turn over to the senate after being signed and approved in the lower house.    The president has issued a statement of making it an urgent matter.  So let’s see if the president’s pronouncements will put pressure on the senators in affixing their signatures and turn the bill into a law.