By Patrick Lu

With Valentine’s Day in full swing, everyone is reminded that love should be celebrated. Yet, ironically, members of the LGBTQIA+ community in the Philippines have long been discriminated against for the same reason. Whether in the workplace, school, government, office, or public space,  homophobia, transphobia, and hate crimes based on one’s Sexual Orientation, Gender Identity, and Expression (SOGIE) are evident in the Philippines with no law or legislation to protect the group. Where are these laws and what would be expected once they are implemented? 

There are such bills being passed in both legislative houses of the government under the SOGIESC Equality Bill. Last December 6, Senate Bill No. 1600 or the SOGIESC Equality Bill was finally passed and filed at the senate level as stated in Committee Report No. 15 with 19 senators signing it within a day. It is currently awaiting its second reading at the Senate and its sponsor, Senator Risa Hontiveros, states that she is confident that this bill will finally pass within this Congress. Last February 8, a hearing led by the first transgender representative in the Philippines, Geraldine Roman, regarding the SOGIESC Equality Bill (House Bills 222, 460, 3418, 4177, 3702, 4277, 5551, 6003, 7036) in the House of Representatives was held as well.

The SOGIESC Equality Bill aims to protect and uphold the rights and dignities of members of the LGBTQIA+ community while penalizing any form of discrimination based on one’s SOGIE. Although there are some LGUs that have already implemented ordinances that penalize discrimination against one’s SOGIE such as Quezon City Ordinance 2357, a comprehensive anti-discrimination national law is needed to encompass and protect everyone from such prejudice wherever they may be in the Philippines.

Discrimination based on SOGIE happens everyday—whether explicitly or subtly. According to a report by the Commision on Human Rights, many children and teens part of the LGBTQIA+ community are frequently shamed in school despite having anti-bullying policies being imposed. Numerous students reported that insults, lewd comments, and catcalls are thrown at them inside and outside the school almost everyday. It is therefore evident that much reform is needed to make schools more inclusive of their LGBTQIA+ students; yet, over the years, very little has been done.

The same report states that many families do not accept or recognize their own children because of their SOGIE. In order to “normalize” them, many often turn to physical and emotional abuse to punish what they deem “wrong” as there is a strong sense of socialization of what a “man” and “woman” should be within these families. Non-conformity to these would lead to many stigmas such as being “not normal”, “created by the devil”, and immoral. Even if some do accept them as they are, it is with conditions that they do not “bring any shame to the family name” or participate in any homosexual acts. 

In the working sector, a study in 2018 showed that out of 100 companies based in the Philippines, none showed any form of anti-discrimination policies or LGBTQIA+-inclusive policies. In addition, many members of the community find themselves being discriminated against even before employment with many of them being asked to “wear clothes specific to their sex” if they were to be accepted for the job. 

From these, it is clear that they frequently experience discrimination stemming from cultural and systemic oppression, if not on a daily basis. However, if this bill were implemented, it would mitigate and even resolve such acts.

It would ensure that members of the LGBTQIA+ community would have equal opportunities for employment and protect them from SOGIE-based discrimination in their workplaces. 

The bill would also make safe spaces, especially in schools and educational institutions, therefore creating a healthy and conducive learning environment for all, regardless of SOGIE. Thus, with this must come the reminder that everyone benefits from this bill and not just members of the LGBTQIA+ community, simply because everyone has a SOGIE. This bill does not grant any special rights to them. Instead, it gives them the rights they deserve as enshrined in the 1987 Philippine Constitution: “The State values the dignity of every human person and guarantees full respect for human rights”. 

In fact, during the hearing reviving the SOGIESC Equality Bill in the House of Representatives last February 8, representative Juan Carlos Atayde reiterated, “This bill simply defines all acts of discrimination and provides penalties for them… It isn’t to give special treatment or preference to the LGBTQIA. Rather, it seeks to level the playing field and give them an equal opportunity and allow them to enjoy the rights they deserve just like any other Filipino. It will strengthen our laws, particularly the right to equality and non-discrimination.” 

Further, if these bills were to pass into law, Filipinos can look forward to the addition of LGBTQIA+ and women help desks installed into every police station nationwide, as stated in House Bill no. 3702. This would help ensure that any forms of abuse and discrimination can be reported and would hold offenders accountable for their actions.

With that, should this bill be passed, it must be taken to mind that it will not immediately solve all the problems faced by the LGBTQIA+ community. With the Philippines being a predominantly Roman Catholic nation, they unfortunately will likely still have to struggle against homophobic religious figures and communities as they fight to truly reach the same equality and rights everyone else has. Religious schools and institutions may protest against the implementations of this bill with many of them deeming homosexuality as a sin. However, as Rep. Geraldine Roman said, “We are not here to decide what is a sin or what is not. We are here to legislate to the present life and not the afterlife.” It should also be noted that the Philippine Constitution clearly separates the role of church and state; hence, politicians should be more careful with their ideals and “morals” as they already oppress minority groups with their ignorance.

During the same hearing, several leaders from religious groups opposed the bill, with reasonings such as this bill would legalize same sex marriage and “trample” on others’ rights, despite the bill explicitly stating that it would simply provide equal opportunity for all. It would instead, give them more rights and protection with the same reasons stated in the paragraphs above. In addition, many who opposed the bill noted that members of the community were already given such rights and these acts of discrimination are uncommon and blown out of proportion. This completely goes against the numerous studies and research done. Even if there were some religious leaders and communities who proclaimed their support for this bill, numerous religious communities still show this huge show of ignorance in their virtue of “morality”. Because of this, they are holding back social progress and denying rights and protection for members of the LGBTQIA+ community.

This same ignorance can be seen with national politicians with one such example being Rep. Eddie Villanueva interrupting the third regular meeting of the Committee on Women and Gender Equality on the revival of the SOGIESC Equality Bill. He argued that the meeting was illegal in accordance with the house rules, but after checking in with the Committee on Rules, it was deemed a valid meeting. In protest, Rep. Villanueva left the meeting room.

Time and time again, ignorance, lack of understanding, and intolerance is shown by those who oppose this bill. While it is true that this bill should be studied and revised well, this does not excuse such actions. 

Yet, even with this minor setback in the senate and opposition, Senator Hontiveros is still confident that this bill would finally pass into law. She said, “To my friends in the LGBTQIA+ community. I will continue to fight with and for you. Love is the currency of our struggle and love always wins.”

As Valentine’s day is celebrated, it remains vital to remember that there are many who are unable to celebrate like everyone else because of both the cultural and systemic oppression they face. There is still much to do as a community, with social and religious barriers to break and reform and ignorance and intolerance to confront. Nevertheless, there is no doubt that the continued fight will soon bring the day when love will win.