After Two Decades, LGBT Rights Still Bogged Down in Philippine Congress
/
SOGIE rally at People Power Monument (Photo by Philippine News Agency | Gil Castillo)
The SOGIE bill comprises a series of measures introduced in the House of Representatives and Senate since the 17th Congress (2016 onwards). These bills aim to institutionalize measures to outlaw many forms of discrimination based on sexual orientation, gender identity, or expression.
The earliest iteration of the LGBT equality bill was filed in 2000 by the late Senator Miriam Defensor Santiago during the 11th Congress. Subsequent similar bills in the 15th and 16th Congresses also failed, only reaching the committee level.
Current Status
The House of Representatives has its version of the anti-LGBT discrimination measure. The proposed Sexual Orientation, Gender Identity, Gender Expression, or Sex Characteristics (SOGIESC) bill was approved last year by the House Committee on Women and Gender Equality after the panel accepted the substitute bill crafted by the technical working group (TWG). This is the furthest it has progressed. The committee is chaired by Geraldine Roman, representative of the 1st District of Batanes and the first transgender member of Congress.
The latest Senate version, Senate Bill 1600, authored by Senators Risa Hontiveros, Loren Legarda, and Mark Villar, has not moved forward, despite a recent call from the United Nations Population Fund (UNFPA) for Congress to pass the bill.
Senators Imee Marcos, Risa Hontiveros and Nancy Binay at the Senate hearing on the SOGIE Bill (Photo by Eugenio Pastoral | The LaSallain)
Newly-installed Senate President Chiz Escudero remarked that the bill faces "rough sailing" in the Senate, suggesting that an alternative anti-discrimination bill might have a better chance of passage. It remains unclear what Escudero meant by an alternative "anti-discrimination" bill.
In response, Hontiveros publicly disagreed with Escudero, noting that 19 out of the 24 senators, including Escudero, have signed her committee's report. "That should speak to its acceptability across the aisle," she added. For now, the measure remains pending in the Committee on Rules, chaired by Majority Leader Francis Tolentino.
Restroom Incident Sparks Debate
In August 2019, the arrest of transgender woman Gretchen Custodio Diez, who was prevented from using the women’s restroom in a Cubao, Quezon City mall, reignited calls from the LGBT community for the passage of the SOGIE bill.
However, this incident also fueled more opposition to the bill, with critics framing it as a women's privacy issue. Leading this opposition is the nonprofit Alliance for the Family Philippines, Inc. (ALFI), which aims to "awaken Filipinos to the negative and ruinous consequences of harmful legislation, programs, and projects concerning human life, marriage, family, and education."
Even within the LGBT community, some criticized the focus on the restroom issue. Nevertheless, LGBT groups and their allies continue to express frustration over the slow progress of the bill.
Rocky Rinabor, immediate past chairperson of Amnesty Philippines, stated: "In a country where marginalized groups already experience hostile and discriminatory environments, women and LGBTQI people face disproportionately high levels of inequality when accessing health care, education, housing, and employment. By ignoring or delaying the enactment of laws to combat these, the Philippines loses opportunities to reaffirm the core fundamental belief that human rights must be respected for all, regardless of sexual orientation or gender identity."
These bills aim to institutionalize measures to outlaw many forms of discrimination based on sexual orientation, gender identity, or expression.
With the next national elections approaching in 2025, the fate of the SOGIE bill could be heavily influenced by voter opinion, which is largely against the bill. While the Roman Catholic Church, through the Catholic Bishops Conference of the Philippines (CBCP), says it supports initiatives against discrimination, it also says the sentiments of the public on this issue should also be taken into consideration.
Adding to the uncertainty, Congress is currently more focused on another controversial issue: proposals to legalize divorce.
So, where does SOGIE go from here? Perhaps, once again, until next year’s PRIDE.
Rene Astudillo is a writer, book author and blogger and has recently retired from more than two decades of nonprofit community work in the Bay Area. He spends his time between California and the Philippines.
More articles from Rene Astudillo
