IT took a transgender, Gretchen Custodio Diez, and an unfortunate female restroom incident with a now maligned female janitor to bring to the public’s attention the need to clearly define the rights of the LGBTIQ (lesbian, gay, bisexual, transgender, intersex and queer) who continue to experience discrimination due to their sexual orientation, gender identity or expression. Having failed to be passed in the 17th Congress, equal rights advocates are hopeful the Sogie bill will be passed in the 18th Congress. Under the newly re-filed Sogie bills of Senator Risa Hontiveros (SB159) and Representatives Geraldine B. Roman (HB134) and Maria Lourdes O. Acosta-Alba (HB95), Sogie is defined as follows:
“1) Sexual Orientation refers to the direction of emotional sexual attraction or conduct. This can be toward people of the same sex [homosexual orientation] or towards people of both sexes [bisexual orientation] or toward people of the opposite sex [heterosexual orientation].
Gender Identity refers to the personal sense of identity as characterized, among others, by manner of clothing, inclinations, and behavior in relation to masculine or feminine conventions. A person may have a male or female identity with the physiological characteristics of the opposite sex.
Gender Expression refers to the outward manifestations of the cultural traits that enable a person to identify as male or female according to patterns that, at a particular moment in history, a given society defines as gender appropriate.”
The Sogie bills declare it to be unlawful for any person, natural or juridical to:
“a) Promote and encourage stigma on the basis of Sogie in the media, in educational textbooks, and other medium. Inciting violence and sexual abuse against any person or group on the basis of Sogie is, likewise, prohibited;
b) Include Sogie, as well as the disclosure of sexual orientation, in the criteria for hiring, promotion, transfer, designation, work assignment, reassignment, dismissal of workers and other human resource movement and action, performance review and in the determination of employee compensation, career development opportunities, training, and other learning and development interventions, incentives, privileges, benefits or allowances, and other terms and conditions of employment: Provided That, this provision shall apply to employment in both the private sector and public service, including military, police and other similar services: Provided Further That this prohibition shall, likewise, apply to the contracting and engaging of the services of organizations with lesbian, gay, bisexuals, transgender, intersex, or queer members or of associations or organizations advocating LGBTIQ rights;
c) Refuse admission or expel a person from any educational or training institution on the basis of Sogie: Provided, however, that the right of educational and training institutions to determine the academic qualifications of their students or trainees shall be duly upheld;
d) Impose disciplinary sanctions, penalties harsher than customary or similar punishments, requirements, restrictions or prohibitions that infringe on the rights of the students on the basis of Sogie, including discriminating against a student or trainee due to the Sogie of the student’s parents or legal guardian;
e) Refuse or revoke the accreditation, formal recognition, registration or plan to organize of any organization, group, political party, institution or establishment, in educational institutions, workplaces, communities, and other settings, solely on the basis of the Sogie of their members or of the target constituencies;
f) Deny a person access to public or private medical and other health services open to the general public, as well as access to public and private health insurance, including HMOs, on the basis of Sogie;
g) Deny an application for or revoke, on the basis of Sogie, any government license, authority, clearance, permit, certification or other similar documents necessary to exercise a profession, business or any other legitimate calling;
h) Deny a person access to or the use of establishments, facilities, utilities, or services, including housing, open to the general public on the basis of sexual orientation or gender identity or expression: Provided, that the act of giving inferior accommodations or services shall be considered a denial of access or use of such facility or service: provided, further, that establishments will make available the existing toilets with facilities designated for persons with disabilities also as gender neutral toilets: Provided, finally, that this prohibition covers acts of discrimination against juridical persons solely on the basis of the sexual orientation or gender identity or expression of their members or of their target constituencies:
i) Subject or force any person to undertake any medical or psychological examination to determine or alter, or both, the person’s sexual orientation or gender identity or expression without the expressed approval of the person involved, except in cases where the person involved is a minor and below the age of discernment in which case prior approval of the appropriate Family Court shall be required. In the latter case, the child shall be represented in the proceedings by the Solicitor General or the latter’s authorized representative;
j) Harassment, coercion, or threats committed by members of institutions involved in the enforcement of law, and the protection of rights of any person on the basis of sexual orientation or gender identity or expression. Among other cases, prohibited acts under this section include arresting or placing under custody, and subjecting a person to extortion, physical, verbal abuse, or sexual abuse, regardless of whether such arrest has legal or factual basis. Harassment, coercion, or threat of juridical persons on the basis of the sexual orientation or gender identity or expression of their members, stockholders, benefactors, clients, or patrons is likewise covered by this provisions;
To be continued