by Xyzma Kryshel Bober; infographic by Jovelyn Cullado
“Hindi naman perpekto ang batas. Sa tingin ko naman ay sinusubukang mabigyang proteksyon ang lahat ng Pilipino, pero lagi pa din may butas. Pansin na pansin mo ang pagkukulang na ito pagdating sa mga bagay may kinalaman sa LGBTQ.” said Krist*, a transgender.”
(The law is not perfect. I think the law tries to protect all Filipinos, but there are still loopholes. Most especially when it comes to matters concerning the LGBTQ community.)
The SOGIE Bill hopes to promote equality and protect any individual from all forms of discrimination on the basis of their sexual orientation, gender identity, and expression (SOGIE).
What is SOGIE? An overview
The Philippines was dubbed as one of the most LGBTQ friendly countries in 2017. However, with the multitude of cases of hate speech and abuse against members of the community, there is much to unpack about whether this is a display of acceptance or tolerance.
“Noong una natutuwa pa ako sa atensyon na nakukuha ko galing sa mga kababata kong lalaki dito samin. Pero nung nagtagal napatunayan ko na pinagtitripan at pinagsasamantalahan lang pala nila ako.” said Krist with a frown on her face.”
(At first, I enjoyed the attention I got from my childhood guy friends. But later on I realized that they were just toying with me and taking advantage of me.)
In the early 1990’s Filipino LGBTQ activists first advocated for their rights to be recognized, and by the year 2000, the first draft of the SOGIE Bill was passed by the late senator Miriam Defensor Santiago and former Akbayan representative Loretta Rosales under the 11th Congress. Unfortunately, this and other bills fighting for LGBTQ rights seemed to have taken a backseat. That is, until Jennifer Laude’s murder in 2014 which was catalytic in the resurgence of LGBTQ rights movement.
Since then, much progress has been made in the Philippines such as electing Geraldine Roman, the first transgender congresswoman in 2016 and passing the anti-discrimintaion bill in 2017, all while garnering the support of largely influential political leaders.
In 2020, the SOGIE Bill was refiled for the 18th congress which gave rise to many opinions on the matters of SOGIE.
What should we see in SOGIE?
The SOGIE Bill promotes basic human rights. Every Filipino deserves to be treated fairly, and this bill clearly supports this cause regardless of the gender people choose to identify themselves with.
“I recently got accepted into the marketing company I applied for last year and this year. Dalawang beses ako nag try, kaunti lang kasi ang opportunities dito sa probinsya. Yun at yun lang din ang may job opening, mag-iinarte pa ba ako. Actually, hindi ako natanggap noon dahil sabi nung manager nila last year hindi daw dapat ako mag dress up as a girl kung gusto ko makakuha ng trabaho,” said Krist.
(I had to apply in the same company twice because job opportunities are scarce here in the province and I cannot afford to be such a grumbler. Actually, I was not hired the first time because their former manager told me I should not dress up as a girl if I wish to be hired for work.)
Unfortunately, this is what the LGBTQ community faces every day.
The SOGIE Bill is an anti-discriminatory bill. It is against all kinds of discrimination that can be experienced at home, in school, or at work, regardless of one’s gender identity and expression.
Ultimately, even straight people are protected by this bill against any form of discrimination.
The SOGIE Bill also deters any kind of stigma, especially ones that are against the LGBTQ community.
“Ah bading– salot sa lipunan yan,” “Kaya tumataas HIV cases kasi dumarami na rin mga baklang walang ibang ginawa kundi magchukchakan,” at “Anong trans trans? Basta bading, bading!” Krist said when asked about rude remarks she received and still receives.
These are just bread crumbs’ worth of stereotypes against the LGBTQIA++ community that continue to circulate in society. These remarks promote a culture of hate that is normalized and taken at face value.
The SOGIE Bill aims to prevent the negative label society has put on members of the LGBTQ community and to foster a more progressive mindset of acceptance and open-mindedness.
What do others think/say about SOGIE?
“The SOGIE Bill is unnecessary because it only confuses the public and puts a premium on the LGBTQ community.” said Haze*, a 20-year-old college student who is against the passing of the SOGIE Bill.
This is perhaps the most common counterargument floating around from groups of people who are against the SOGIE Bill. Some people like Haze see the SOGIE Bill as redundant because the anti-discrimination law is already in place.
The SOGIE Bill is inarguably calling for a change in the people’s way of life and thinking, which will definitely not come easy, but it is nonetheless necessary for an equal and fair society.
“I also think that the SOGIE Bill directly attacks the rights of Filipino people who have differing views and beliefs na hindi na in accordance with what the law requires of me. What if my faith does not allow me to tolerate the practices of some LGBTQ people? If ever I express myself na naaayon sa kinalakihan at pinaniniwalaan ko pero na offend sila, ano na ngayon ang proteksyon ko? Ako na ngayon ang masama at paparusahan.” Haze said as she shared her sentiments on the bill.
(What if I offend them when I express myself according to my upbringing and beliefs, how would I be protected now? I would be the one at a disadvantage now.)
These worries from different minded individuals are valid and reasonable, but the SOGIE Bill would be a fulfillment of the government’s duty to serve and protect its constituents which is separate from what religious beliefs their constituents may hold.
The bill was crafted with the values of respect, equality, and compassion as it calls for policies that put a marginalized community on equal footing; in no way discrediting or violating anyone’s beliefs.
The LGBTQ community is a group that has been built through solidarity brought about by years of harsh systematic discrimination. The SOGIE Bill aims to ensure that members of this community will be put on the same level as their heterosexual counterparts.
Furthermore, everyone has SOGIE; the approval of this bill would be a stepping stone to a safer and more inclusive environment for every individual, not just the LGBTQ community.
What now, youth?
The recent hate crime against a transgender in Quezon City highlights the need to pass the SOGIE Bill. Commission on Human Rights (CHR) spokeperson Jaqueline de Guia said that “the Commission has been relentless in pushing for the enactment of the Sexual Orientation and Gender Identity Expression (SOGIE) Equality Bill to provide legal mechanisms to hold to account perpetrators of gender-based discrimination.”
Under the pandemic, instances like these are usually spread through social media. But many have begun to educate the people in their immediate circles–their families, relatives, classmates, and friends.
The impact of starting a culture of acceptance and open-mindedness at home, in classrooms or in the workplace is often overlooked, but is helpful nonetheless.
This current situation of the LGBTQ community reminds us that not all of us are on the same boat of privilege, instead most are in a vast ocean of misery. Some have the comfort of yachts, while some are swimming in the drastic waves of hardship. Some are even drowning.
The passing of the SOGIE bill remains an essential step in resolving these issues of inequality and discrimination, and helping protect the marginalized communities who need it most.
Comments