ISHRM School System

Tirona Highway, Habay 1, City of Bacoor, Cavite

A POSITION PAPER ABOUT SOGIE BILL

In Partial Fulfillment
of the Requirements for the Subject
English or Academic and Professional Purposes

Submitted by:
Nico Angelo M. Pelayo
Grade 12 – C

Submitted to:
Mr. John Carlo C. Garcia, LPT
Of the Senior High School Faculty,
ISHRM School System

October 2019
 INTRODUCTION

The Sexual Orientation and Gender Identity Expression Equality Bill, also known as
the Anti-Discrimination Bill (ADB), is a proposed legislation of the Congress of the Philippines.
It is intended to prevent various economic and public accommodation-related acts of
discrimination against people based on their sexual orientation, gender identity or expression.
There are many forms of discriminations in the country that we’re currently facing today –may it
be height, fat or body shaming but bills or anti-discrimination acts weren’t made. In case this bill
would be passed, it may be possible that there are many will abuse this act. Is implementing the
SOGIE Bill really necessary?

SUMMARY OF COUNTERCLAIMS AND EVIDENCES

According to Manalo (2019). President Rodrigo Duterte to urge Congress to pass the
Sexual Orientation and Gender Identity and Expression (SOGIE) Equality Bill. "It is a very big
step that he signed the Bawal Ang Bastos law, and it's very admirable of him. And it just shows
how much he loves the LGBTQ+ community," Diaz said in a press conference.

As stated by Malasig (2019). Questions arose after transwoman Gretchen Diez expressed
her willingness to run for public office following her experience of discrimination in Farmers Plaza
Mall two weeks ago. Diez in an interview with a local news outlet shared that she is “willing to
maximize all of the power” she has to advocate for the LGBTQ+ community even if takes “running
for office.” She only wanted to seek justice for being discriminated in a ladies’ restroom at the
mall but some people urged her to run to fully push for her advocacy. “The people wanted me to
run for my advocacy, but to be honest I only wanted to seek justice for what has happened to me.
I am 28 years of age and during those years, I’ve been experiencing discrimination. “Now that I’m
given the education, now I’m given this privilege to be the voice of the LGBTQ+ community or
being the voice for equality, I’m willing to maximize all of the power that’s in front of me to be
an advocacy of change in our country,” Diez said. Her intentions, however, were not well-received
by some Filipinos who question her motives after she was seen with Sens. Bong Go and Imee
Marcos, calling her “opportunistic.”

As mentioned by Monterde (2019). First, I want you to know the appalling truth and realize
how vulnerable transgender people are to suicide and violence simply for living their truths.
Second, I want you to acknowledge that we all share the moral responsibility of allowing
transgender people to use the public toilet that matches their gender identity, because this is part
of protecting them from violence. So for those cisgender women who feel uncomfortable by the
presence of transwomen in women's public toilets, I am sorry to inform you that the safety and
security of transwomen are more important than your comfort. A number of people had already
expressed their support for the construction of gender-neutral toilets in public spaces to provide a
safe haven for transgender and gender nonconforming people. Why build toilets with different
categories when our toilets at home are not even categorized according to gender identity? For me,
building gender-neutral toilets while maintaining the heteronormative ones is not the best solution
to the problem of where we should put transgender and gender nonconforming people in the binary
categories of toilet segregation. This segregation should not even exist in the first place, because
separating men and women in public spaces is sexism.

We should abolish this segregation and build instead a single gender-neutral toilet for
everyone’s use. This would be a progressive step towards gender equality because this would (1)
address the problem of space equity between men and women's toilets, which is the cause of
women waiting in longer toilet lines than men; (2) normalize gender as a non-binary concept and
affirm that public spaces should not be gendered; and (3) provide the inclusion of people of all
SOGIESCs (sexual orientation, gender identity, gender expression, and sex characteristics). Since
this will not happen in the near future, it is only right that transgender people be entitled to use the
toilet that matches their gender identity. With all that being said, I stand in strong solidarity with
Ms Gretchen Diaz! This issue may have divided Filipinos, but at the very least, I hope that we can
all agree that the experience of Diez only demonstrated the urgent need for the passage of the
SOGIE equality bill in the country. Her experience is a call for the LGBTQIA+ communities and
our allies to be vigilant and proactive in advocating for the SOGIE equality bill because we
LGBTQIA+ individuals do not need tolerance nor acceptance. We need our civil rights.

MAIN CLAIMS AND EVIDENCES

As mentioned by De Guzman (2019). Senate President Vicente Sotto III said the proposed
Sexual Orientation and Gender Identity and Expression (SOGIE) Equality bill has no chance of
passing in the Senate. In a message to reporters, Sotto said the Senate could pass an anti-
discrimination bill but not one that is focused only on members of the LGBTQ (lesbian, gay,
bisexual, transgender and queer) community. “Anti-discrimination on persons is good. But focused
on gays, which the SOGIE bill is, and religious and academic freedom impeded plus smuggling of
same sex marriage? No chance!” he said on Wednesday.

Sotto clarified his statement on Thursday, saying the bill has no chance of getting Senate’s
nod if it violates certain freedom, including women’s rights. “It has no chance of passing in the
Senate, ‘IF’ it transgresses on academic freedom, religious freedom, and women’s rights,” he said
in a statement.

According to Capitulo (2019). I strongly oppose Senate Bill 935 (Anti-Discrimination Bill)
and House Bill 4982 (SOGIE Equality Bill) for three reasons.

FIRST: There is no need to pass these proposed bills given that there are already many
existing laws that safeguard the rights of every citizen against discrimination: (1) The 1987
Constitution of the Republic of the Philippines, (2) Presidential Decree No. 442 “Labor Code of
the Philippines,” (3) Republic Act No. 386 “Civil Code of the Philippines,” (4) Republic Act No.
3019 “Anti-Graft and Corrupt Practices Act,” (5) Republic Act No. 6713 “Code of Conduct and
Ethical Standards for Public Officials and Employees,” (6) Republic Act No. 3815 “The Revised
Penal Code of the Philippines,” (7) Republic Act No. 7877 “Anti-Sexual Harassment Act of 1995,”
including the (8) Universal Declaration of Human Rights. There are victims of discrimination for
being ilocano or kapampangan or bisaya, but do we need an Anti-Ilokano or Anti-Kapampangan
or Anti-Bisaya Discrimination Act? There are victims of discrimination because of their height,
but do we need an Anti-Short Stature Discrimination Act? There are victims of discrimination
because they are fat, but do we need an Anti-Obese Discrimination Act? These existing laws ensure
that any form of discrimination is avoided. There is no need for additional laws in this regard.
Republic Act No. 9710 “The Magna Carta of Women” is in no way similar to any of the proposed
bills on Anti-SOGIE Discrimination. While this law affirms the rights of women and seeks to
eliminate discrimination, it does not impose penalties that foster a sense of entitlement and undue
advantage.

SECOND: We do not need an Anti-Discrimination or SOGIE Equality law because

Filipinos are inherently accepting of lesbians, gays, bisexuals and transgenders. Our society is
innately tolerant of LGBTs. Proof of this would be the many Filipino LGBTs who are very
successful in their respective fields: business, trade, media, education, fashion, healthcare, law,
I.T., science and technology, arts, show business and even politics. The election of the honorable
representative of the first district of Bataan, Rep. Geraldine B. Roman, is yet another validation.
The Philippines has also consistently been recognized as one of the gay-friendly countries in the
world and one of the gay-friendliest in Asia. In many households and families all over the country,
LGBTs are accepted and loved, with many serving as primary breadwinners and caregivers. As an
LGBT, I never experienced discrimination growing up, whether in school or at work. I can say
that I am where I am now because of hard work, discipline, God-given intelligence and prayers.

THIRD: These proposed bills, when enacted into law, may be used as instruments to stifle
or violate our freedom of religion and freedom to live out our faith. Allow me to elaborate by
posing these questions: What will happen to a seminary or convent that will uphold Church laws
by refusing admission to a transgender who wants to study and become a priest or nun? What will
happen to parishes and Catholic universities that will not allow or recognize LGBT organizations
in keeping with their mandate to abide by Church doctrines? What will happen to “all boys” or
“all girls” Catholic schools that will not accept transgender children as students because this would
go against the catechism they teach? What will happen to Catholic and Christian offices or
companies like bookstores, travel agencies, radio stations, television networks or religious
organizations that will not hire LGBT employees because it violates their faith-based beliefs? What
will happen to a Muslim school (madrasah) that pledges obedience to the Quran and hadith and
will not enrol transgender students who desire to be an imam? What will happen to a Jewish school
that will not accept LGBT students applying to be a rabbi since Orthodox Judaism prohibits it?
What will happen to churches of other denominations that will not employ LGBTs as pastors in
compliance with their biblical beliefs? In all of these possible scenarios, the proposed bills may be
used to take legal action against churches, mosques, temples, religious communities and faith-
based organizations resulting in fines of up to 500,000 pesos or imprisonment of up to 6 years.
Proponents of the bill have always asserted that ensuring non-discrimination for LGBTs on the
basis of their sexual orientation and gender identity will not diminish or encroach on the rights of
others. But the penal provisions of the proposed law say otherwise. Surely, we cannot expect the
followers of the great religious traditions of the world to change their doctrines to accommodate a
law that will violate their fundamental right to freely practice the very religion that they uphold.
Forcing organized religion to set aside or modify its tenets is as absurd as forcing LGBTs to change
their sexual orientation and gender identity.
 CONCLUSION

Is implementing the SOGIE Bill really necessary? Based on the findings stated by Mr.
Ryan Borja Capitulo, there are already many bills or acts that protects us against discriminations
and serves as our rights as humans. It is NOT really necessary to pass this bill simply because
there are many forms of discriminations that we’re facing but there were no acts formulated to
protect us against those specific forms of discriminations. However, there are existing laws that is
sure to protect us against the harsh environment of judgment. Hence, it is not necessary to pass the
SOGIE Bill.

REFERENCES

Manalo (2019). Gretchen Diez urges Duterte to back SOGIE bill. Retrieved from:
https://www.msn.com/en-ph/news/national/gretchen-diez-urges-duterte-to-back-sogie-bill/ar-
AAFTkLM

Malasig (2019). Criticisms as Gretchen Diez expresses openness to enter politics.

Retrieved from: http://www.interaksyon.com/politics-issues/2019/08/27/153988/gretchen-diez-
entering-politics/

Monterde (2019). On toilets and transgender rights. Retrieved from:

https://www.rappler.com/move-ph/ispeak/237901-toilets-transgender-rights

De Guzman (2019). Sotto says SOGIE bill no chance of getting Senate nod if… Retrieved
from: https://www.untvweb.com/news/sotto-says-sogie-bill-no-chance-of-getting-senate-nod-if/

Ryan Borja Capitulo (2019, June 17). An LGBT who is Anti- “Anti-SOGIE
Discrimination Bills”. https://www.facebook.com/ryan.capitulo/posts/10213435287586877
NOTES:
 Your position paper is not only limited to 3 pages. Page number may vary and may depend
on how long you make your paper.
 Upon receiving this file, you may consult me at the faculty room for checking your paper.
 All data obtained from the internet must be properly cited.
 This is an INDIVIDUAL project.
 Submission is on OCTOBER 21, 2019 ONLY. Deduction of 5 points per day for late
submission.
 Enclose in a SHORT CLEAR FOLDER, follow the color coding below:
1. 12 A = VIOLET
2. 12 B = PINK
3. 12 C = RED
4. 12 D = BROWN
5. 12 E = ORANGE
6. 12 F = GREEN