By MICHEL JOY RADAM
Bulatlat.com

BULACAN – The long and arduous fight against discrimination and for equal rights for the LGBTQ+ community has been an ongoing battle for more than two decades. First introduced in the 11th Congress in 2000 by the late Senator Miriam Defensor-Santiago and Akbayan Representative Etta Rosales, the proposed anti-discrimination bill has repeatedly passed the House of Representatives, only to be rejected at the Senate every time.

House Bill No. 4982, the “SOGIESC Equality Bill”, seeks to prohibit and penalize discriminatory acts against members of the LGBTQ+ community and ensure that their rights are upheld in accordance with the 1987 Constitution. SOGIESC stands for Sexual Orientation, Gender Identity, Gender Expression, and Sex Characteristics.

In an interview with Bulatlat, Gabriela Women’s Party first nominee and former Kabataan Partylist Rep. Sarah Elago, one of the principal authors of the bill, debunked false narratives against the bill. 

“Those who claim that the SOGIESC Equality Bill is the same as same-sex marriage are mistaken. A separate bill is required to institutionalize same-sex marriage or, in other versions, civil partnerships or civil unions,” Elago explained. “Some also say that it would outlaw Bible-based bills. That is not true. In fact, under the SOGIESC Equality Bill, religious freedom is upheld and protected.”

Elago stressed that the proposed measure reinforces constitutional rights already guaranteed to all Filipinos. It does not grant “special rights” but rather ensures equal protection against all forms of discrimination under the law.

What is SOGIE Equality Bill?

The latest version of the SOGIE Equality Bill was filed by the Makabayan Bloc in 2022 as House Bill No. 5551. In the Senate, the SOGIE Bill was filed as Senate Bill No. 1600 and was authored by Senators Hontiveros, Legarda, and Mark Villar. The bills in both Houses carried similar provisions.

HB 5551 and SB 1600 provides that the SOGIE Equality Bill “seeks to protect individuals and communities that are at a greater risk of experiencing human rights violations on the basis of SOGIESC” (Section 4). SOGIE Equality Bill penalizes discriminatory practices committed against any person. Under Section 5, discriminatory practices include mandatory disclosure of a person’s SOGIESC, refusing admission or expelling a person from any educational or training institution open to the general public (with exemptions based on religious and academic freedom), denying public and health services, inflicting or threatening physical harm, repeated verbal abuse, among others. 

Aside from penalizing discriminatory practices, the bill also aims to create an Inter-Agency Council on SOGIESC Equality which is tasked to implement social protection services, equality programs, and diversity training to government institutions, including LGUs (Section 15).      

Elago guarantees the public of Gabriela Women’s Party’s commitment to re-file the SOGIESC Equality Bill, as a continued fight for LGBTQIA+ rights and protection against discrimination.

Bahaghari Chairperson Reyna Valmores Salinas told Bulatlat of the optimism of the refiling and hopeful passage of the SOGIESC Equality Bill in the coming 20th congress.

“Of course, it’s a new battle, but we’re ready to give our all to push for this law. We believe that 25 years is way too long. The SOGIESC Equality Bill is the longest-pending legislation in Philippine history and we want to finally put an end to that,” Salinas said.

Salinas vowed to persist in pushing for the passage of the SOGIESC Equality Bill across all spaces: online and offline, in schools, workplaces, offices, and even in the very halls of Congress to ensure the bill’s approval.

At present, even without a passage of the SOGIE Equality Bill, some local governments have imposed anti-discrimination ordinances that give protection to residents against gender-based discrimination. These local ordinances play a vital role in advancing inclusivity and upholding the rights of LGBTQIA+ individuals within their communities.

Read: LIST: Philippine local governments with anti-discrimination ordinances

On June 11 this year, 19th Congress adjourned sine die, closing its session without it holding further plenary deliberation on the SOGIESC Equality Bill. (RTS, RBV)