SOGIESC and SOGIE Equality Bill

Together, IMGLAD and GAYON, with the support of YGOAL's innovation studio, aims to make
learning about queer concepts and terminologies easier!
In today's society, anyone can access news, data, and entertainment at the click of a button.
Despite this, challenges still arise when it comes to adapting SOGIESC inclusive concepts.

This is why Project Pagbuklat aims to create an online library with simple and understandable
learning materials tackling LGBTQIA+ rights, concepts, and terms. To ensure its accessibility,
these materials will be available in four languages namely English, Filipino, Cebuano, and
Bicolano.

Additionally, this project will also be built from the ground-up by having grassroot LGBTQIA+
members participate in the baselining process. Pagbuklat puts education at the center of its
processes, especially for the youth, to foster understanding and acceptance of gender and
sexuality. Ultimately, the initiative seeks to promote inclusivty by raising awareness on
LGBTQIA+ topic.

SOGIESC 101

To become more effective advocates and allies, understanding of the SOGIESC concepts is important. The knowledge about these attributes can assist in comprehending the experiences of LGBTQI people.

Sex Characteristics

Sex characteristics are biological traits that may show whether a person is female, intersex, or male. These characteristics may be primary or secondary.

● Primary characteristics are often present at birth (e.g. genitals, chromosomes)

● Secondary characteristics are often present at puberty (e.g. hormone levels)

Primary sex characteristics, external genitalia specifically, is the basis of one’s assigned sex at birth.

Assigned Sex at Birth refers to the sex assigned to infants by doctors or midwives, usually based on external genitalia. Sex as reflected on birth certificates is based on this assignment.

Intersex persons are born with a biological makeup that does not pertain to either binary of male or female.

At present, the Philippine legal system only recognizes male and female as sex categories. Because of this, intersex persons are assigned as either male or female. It is important to note that sex is assigned at birth.

Sex is based on one’s biological make up; gender refers to social roles and expectations of being a woman or a man. This difference is important to remember.

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Gender Identity

Gender identity refers to how a person identifies in relation to their true sense of gender. This deeply-felt sense of self may refer to being man, woman, or other genders (e.g. genderqueer, non-binary). The gender identity of a person can either be same or different from their assigned sex at birth. This is because gender identity is beyond one’s physiological characteristics.

Gender identity is “a person’s internal, deeply-felt sense of being male, female, an alternative gender or a combination of genders.”

Cisgender refers to when one’s gender identity matches the sex assigned to them.

When one's gender identity is different from their assigned sex at birth, the individual may identify along the transgender spectrum.

A cisgender man (sometimes shortened to “cis man”) is a person that identifies as a man and was assigned male at birth. A transgender man (sometimes shortened to “trans man”) is a person that identifies as a man and was assigned female at birth. A cisgender and transgender woman both identify as women. However, they were assigned different sexes at birth.

Trans women are women and trans men are men simply because they identify as these genders.

Gender Expression

Gender expression pertains to the way an individual presents one’s self, including physical appearance, choice in clothing and accessories, and behaviors that may pertain to aspects of gender. A person may present themself as masculine, androgynous, or feminine.

Sexual Orientation

Feelings of attraction are natural. It may be physical, emotional, romantic or sexual. The absence of attraction is also a natural thing.

Sexual orientation pertains to a person’s sexual and/or emotional attraction to another person. Sexual orientations include being lesbian, gay, bisexual, heterosexual, among others.

● Heterosexual - being attracted to different gender

● Bisexual - being attracted to the same and different gender

● Lesbian and Gay - being attracted to the same gender

● Asexual - having little to no attraction to any gender or person.

● Pansexual - being attracted to another person regardless of their gender

As the term orientation denotes, sexual orientation reflects the direction of attraction. As the aforementioned sexual orientations show, heterosexual people are attracted towards people of a different gender. Bisexual people are attracted towards people of the same and different gender. And so on and so forth.

❖It is important to note that the main objective of learning these identities under the SOGIESC Framework is for us to realize how diverse we are in terms of our experiences of our sexuality.

SOGIE(SC) EQUALITY BILL

The SOGIE Equality Bill is an anti-discrimination legislation that aims (1) to prohibit discrimination on the basis of one’s sexual orientation, gender identity, gender expression, or sex characteristics (SOGIESC) and, (2) to promote diversity, equality, and nondiscrimination.

Listed below are the salient features of the SOGIE(SC) Equality Bill:

Protected Categories - The bill spells out a person’s attributes that usually become the basis of their experiences of discrimination. For this bill, one’s SOGIESC is listed as protected categories against discrimination. This means that everyone, including cisgender heterosexual people, will be protected from any forms of discrimination on the basis of their SOGIESC.
Prohibited Acts and Penalties - SOGIE(SC) Equality Bill also lists down all acts that can be considered as forms of discrimination. These acts will be prohibited and penalties for performing such acts are also provided in the bill.
Redress Mechanism - The bill lays down how one can access justice if ever they experience discrimination on the basis of their SOGIESC. Different mechanisms will be set up following the enactment of this bill. These include report desks in government agencies like the Philippine National Police, Commission on Human Rights, Civil Service Commission, and Department of Labor and Employment.
Special Aggravating Circumstance - A part of the bill describes that if any other crime is done on another person because of prejudice on the basis of the victim’s SOGIESC, penalties for the said crime will be the maximum.
Affirmative Acts - Lastly, the bill also gives several programs the government and partner institutions can do to promote equality and nondiscrimination so the root of discriminatory acts will be eradicated. These include social protection programs, education and information campaigns, diversity and inclusion programs, and others. A few of the affirmative acts included in the bill filed in the Senate currently are (1) integration of communities vulnerable to stigma and discrimination on the basis of SOGIESC to government-funded Social Protection Programs (SPPs); (2) conduct of Diversity and Inclusion Program and Trainings (DIPT) in LGUs, private companies, educational institutions, and others; and, (3) implementation of Information and Education Campaigns (IECs) by the government to promote SOGIESC-specific gender sensitivity education, and information dissemination.

SOME MISCONCEPTIONS ABOUT THE BILL

“It gives more rights and special treatment towards LGBTQI people.”

FALSE! The bill is for everyone who has SOGIESC to be protected from discrimination. Since everyone has SOGIESC, everyone can use the bill to be protected from any forms of discrimination on the basis of their SOGIESC.

“It will allow gay marriages.”

FALSE! The bill talks about protection from stigma and discrimination. There is no part in the bill wherein civil unions or same-sex marriages are discussed. Marriage equality will need a separate legislation to be allowed in the country.

“Those who deny jobs to people just for being LGBTQI will be penalized.”

TRUE! This is called discrimination. Employment should be based on one’s skills and capacities, not one’s SOGIESC.

“It violates women’s and children’s rights.”

FALSE! Actually, this bill aims to protect women and children regardless of their SOGIESC. We should keep in mind that there are LGBTQI women and LGBTQI children who suffer from stigma and discrimination on the basis of their SOGIESC. And we need to protect them, too.

“Religious freedom will be violated by the bill.”

FALSE! Everyone will still be able to exercise their faith but not to the point of discriminating against or violating the rights of others. Our religious beliefs should be about love, equality, acceptance, and solidarity, not about stigma, discrimination, hate, nor violence.

“It will tear families apart.”

FALSE! The bill aims to bring families together. It aims to create a society wherein it’s safe for any kid to talk about their SOGIESC to their parents without the fear of being thrown out of their homes.

Resources:

American Psychological Association. (2012). Guidelines for Psychological Practice with Lesbian, Gay, and Bisexual Clients.
American Psychologist, 67(1), 10–42. doi: 10.1037/a0024659
Amnesty International. (n.d.). SOGIESC. Retrieved on September 27, 2020 from https://www.amnesty.org.ph/campaigns/sogiesc/
Doble, J. M. (2022). SOGIESC 101 Sexual orientation, gender identity, gender expression, sex characteristics: A primer (B. A. Senga & M. A. Villaceran, Eds.).
International Bioethics Committee (IBC). (March 6, 2014). Report of the IBC on the Principle of Non-discrimination and Non-stigmatization. United Nations Educational, Scientific, and Cultural Organization (UNESDOC), SHS/EGC/IBC-20/13/2 REV.3. Retrieved on September 29, 2020 from https://unesdoc.unesco.org/ark:/48223/pf0000221196
Merriam-Webster. (n.d.). Definition of “Ally”. Retrieved on June 24, 2021 from https://www.merriam-webster.com/dictionary/ally.
New Economics Foundation. (2012). Measuring Wellbeing: A guide for practitioners. London: New Economics Foundation.
Parliamentarians for Global Action (PGA). (n.d.). Acronyms and Definitions. Retrieved on September 27, 2020