What is SOGIE Bill and What Other Laws Protect Versus Discrimination?

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The Philippines is considered to be a gay-friendly country compared to other nations. However, that doesn't mean that it fully recognizes the vital human rights of the lesbian, gay, bisexual, transgender, and queer (LGBTQ+) community. The SOGIE (sexual orientation, gender identity, expression) Bill being a proposed law still that was never passed even up to this day since its first version in 2000 is one major proof that the country may not be that gay-accepting after all, especially among religious groups in a predominantly Christian nation.

In this article, let's shed some light on matters concerning the LGBT community and explicate further as to what the SOGIE Bill seeks, and why this proposed measure, alongside other anti-discrimination laws, do not infringe upon the human rights of straight people, and are in fact inclusive of them.

What is the SOGIE Bill?

The SOGIE Equality Bill through Senate Bill No. 1934 is a proposed act prohibiting discrimination to protect the LGBT community from discriminatory acts that attack their gender expression, sexual orientation, and gender identity. It aims to put a stop to discrimination on the basis of gender and therefore punish those who are involved in such discriminatory and homophobic acts.

The late senator Miriam Defensor Santiago first spearheaded the filling of the anti-discrimination bill in 2000. As of May 2023, the proposed legislative measure is still pending approval. From December last year, moreover, there were 19 senators who expressed support for the SOGIE Bill, according to Sen. Risa Hontiveros, the bill's principal author.

This includes senators Grace Poe, Nancy Binay, Cynthia Villar, Loren Legarda, Koko Pimentel, Sonny Angara, Bato dela Rosa, Mark Villar, Francis Tolentino, JV Ejercito, Robinhood Padilla, Raffy Tulfo, Jinggoy Estrada, Lito Lapid, Chiz Escudero, Bong Go, Bong Revilla, and Imee Marcos, though the latter is against same sex marriage saying it's "too complicated."

The legislative proposal created a rather unpleasant history in May 2019 when the SOGIE Equality Bill officially became the longest-running Bill in the Philippines. President Bongbong Marcos has had interviews expressing his pro-LGBT stance, while VP Sara Duterte confessed being a member of this marginalized community. But will the long-overdue bill really stand a chance at earning the nod of both the House and Senate after all these years?

How Can the SOGIE Equality Bill Protect LGBTQIA Community?

The LGBT community is inarguably the top recipient of discriminatory acts, especially such acts that specifically target their gender identity or sexual orientation. If the SOGIE Equality Bill becomes an actual law signed by the President, those who will be found guilty of committing gender-based discrimination, whether they be persons or organizations and corporations, will be penalized accordingly.

Below are just some of the main actions that constitute "discrimination" under the proposed SOGIE Equality Bill.

• Promoting, producing, and publicizing media content intended to perpetuate gender-based stigma or instigate violence and sexual misconduct 

• Wanton denial of access to essential public services

• Including a person's sexual orientation or gender identity as part of the criteria for hiring or firing employees

• Deliberate refusal to admit students or expelling them from any educational or training institution just because of their gender

• Wanton denial of access to both public and private health services that should be accessible to the public irrespective of gender

LGBT Rights under Employment, Business, Adoption, and Life Insurance

To know more about LGBT rights, we'll list four main categories that affect the lives of the queer community. These aspects include employment, business, adoption, and life insurance policies.

On Employment

In a 2018 survey conducted by research firm Cogencia and the Philippine LGBT Chamber of Commerce, they found that there were zero companies in the country that have policies in place to protect the LGBT community from gender-based discrimination in the workplace. Meanwhile, 17 percent has been found to have at least SOGIE-respecting policies. These companies were in the BPO sector, which a lot of the members resort to not only for employment opportunities but also as a safe workplace to freely express their queer identity without prejudice or persecution.

In 2004, the late senator Santiago also filed the Employment Non-Discrimination bill, which aimed to prevent discrimination of LGBT members in the workplace on the mere basis of sexual orientation.

On Business

It is only right and just that there is no piece of legislation that prevents LGBTQIA members from venturing into a new business. There are also mentorship programs granted to them, which includes the Queer Safe Spaces’ Empower Program to help queer folks with their livelihood and entrepreneurial plans.

The Philippine LGBT Chamber of Commerce, founded in 2008 of, by, and for the queer community advocates for and promotes inclusion and representation in entrepreneurship and business ventures.

On Adoption

Same sex marriage is not legal in the Philippines, which is a prospect that's even more unlikely to gain legislative support compared to the SOGIE Bill Philippines. This makes joint adoptions among LGBT couples impermissible as well. However, this does not necessarily mean that queer individuals aren't legally allowed to adopt a child. An individual's gender identity or sexual orientation are not a prerequisite for adoptions.

On Life Insurance

Since same-sex marriage and couples are not legal under Philippine laws, you may think that designating an LGBT partner as a legal beneficiary of a life insurance policy is not allowed. But this is actually not true. You can make your partner as a beneficiary. The only instance upon which your partner may be prohibited from being a legal beneficiary is if he/she/they is/are guilty of criminal offenses such as adultery or concubinage.

To sum, the Philippines is widely considered to be tolerant of the LGBTQIA community, and not totally accepting yet. If the SOGIE Bill passed into law, we expect gender-based discrimination to at least reduce, and for those willfully engaging in such discriminatory actions to be penalized accordingly.

Furthermore, LGBT couples have the full liberty at achieving homeownership in a community that is accepting of their identity and supportive of gender equality. At Lumina Homes, we welcome LGBT individuals and couples who aspire to have their house and lot Philippines and raise a family of their own.

What sets Lumina Homes apart is how we offer affordable house and lot for sale that do not sacrifice quality. We also complement our affordable house and lot provisions with quality amenities, such as a multipurpose hall for various gatherings, a multifunctional community center, gazebos, play area for kids, mini-gardens, spacious jogging paths, a guarded entrance, shuttle services with pick-up points, and more.

On top of this, Lumina developments from across the country are located near establishments that offer basic human services, such as healthcare facilities, academic institutions, places of worship, supermarkets, local tourist destinations, efficient public transportation, and so on.

Secure your real estate investment with a housing brand that truly delivers. Get in touch with a Lumina seller today and make inquiries on your homeownership concerns.