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ANTI

Section 5. No law shall be made respecting an establishment of religion, or prohibiting the


free exercise thereof. The free exercise and enjoyment of religious profession and worship,
without discrimination or preference, shall forever be allowed. No religious test shall be
required for the exercise of civil or political rights. cra law

ARTICLE XIV
Saction 3 (2) Academic freedom shall be enjoyed in all institutions of higher learning. cralaw

(3) Every citizen has a right to select a profession or course of study, subject to fair,
reasonable, and equitable admission and academic requirements. c ralaw

(4) The State shall enhance the right of teachers to professional advancement. Non-
teaching academic and non-academic personnel shall enjoy the protection of the State. c ralaw

(5) The State shall assign the highest budgetary priority to education and ensure that
teaching will attract and retain its rightful share of the best available talents through
adequate remuneration and other means of job satisfaction and fulfillment.

Article 2 Section 14. The State recognizes the role of women in nation-building, and shall
ensure the fundamental equality before the law of women and men. cra law

SOGIE Equality Bill a ‘class legislation’, says Sotto


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Ian Nicolas Cigaral (Philstar.com) - September 4, 2019 - 5:36pm
MANILA, Philippines — Senate President Vicente Sotto III said Wednesday
he was “very doubtful” that the SOGIE Equality Bill would clear the Senate
hurdle, adding that the proposed measure is a “class legislation” that would
violate women’s rights.

LGBT Filipinos still face discrimination despite seemingly high tolerance in the
predominantly Catholic Philippines, prompting some lawmakers to file a bill
that would penalize discrimination based on a person’s SOGIE, or Sexual
Orientation, Gender Identity and Expression.

Speaking to reporters, Sotto, a religious conservative, said the SOGIE bill supposedly
tramples on women's rights, academic freedom and religious freedom.
“If you are a man, you will never be a woman, no matter what you do, because you
cannot reproduce. You cannot give birth, you do not have ovaries,” Sotto said in a
media interview, a transcript of which was posted on the Senate’s website.

“You will never be a woman. So this, to me, the SOGIE bill is a bill against women's
rights and it's giving transgender rights (unclear), so it's class legislation,” he added.
SOGIE bill will not outlaw Bible-based beliefs on LGBTs

PRO

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Jonathan de Santos (Philstar.com) - September 3, 2019 - 12:10pm
MANILA, Philippines — Christians like Rep. Eddie Villanueva (CIBAC party-
list) and other religious will not be penalized for their beliefs, including that
LGBTQ+ people are living sinful lives, if the SOGIE Equality Bill becomes a
law since it respects religious freedom, the author of one version of the bill
said.

In a privilege speech at the House of Representatives in late August,


Villanueva—leader of the Jesus is Lord movement—lamented that passage of
the bill would silence him and others who believe that homosexuality is a sin.

"What happens to a Christian like me and to the majority of people in this


August chamber if we are to be threatened with punishment every time we
share our Bible-based beliefs on matters of transgenders and homosexuals?"
he said.

In an email to Philstar.com, Sen. Risa Hontiveros said the SOGIE Equality


Bill she filed at the Senate does not infringe on religious doctrines, teachings
and rights.

Under the SOGIE Equality Bill, "[promoting and encouraging] stigma on the
basis of SOGIE in the media, in educational textbooks, and other medium" is
considered a discriminatory practice and penalized.

"Inciting violence and sexual abuse against any person or group on the basis of
SOGIE is likewise prohibited," the bill reads.

Hontiveros said "the bill respects religious freedom as a basic human right", adding
the bill was filed to end discrimination against and abuse of people based on their
SOGIE—their sexual orientation, gender identity or expression.

"It starts with accepting the fact that LGBTQ+ persons should enjoy the same rights
as everyone – including the right to live peacefully, and to not be treated as a lesser
person," she said.

Not 'same-sex marriage in diguise'


At a press conference at the House of Representatives in August, Rep.
Geraldine Roman (Bataan), the first transgender woman elected to Congress,
stressed SOGIE equality does not mean people have to let go of their
religious beliefs.

"Nothing will stop you from believing that we LGBT are abominations in the
eyes of the Lord or are children of the devil," she said.

"Nothing will stop you from that, you will not be penalized for believing what
you believe in, but please do not step on our right to work, to study, to receive
services from the government, to access commercial and public
establishments... to not be insulted on the streets."

"The SOGIE Equality Bill is not same-sex marriage, it is not an infringement


on your religious liberties," she said.

The SOGIE Equality Bill does not amend the Family Code of the Philippines,
which states that "marriage is a special contract of permanent union between
a man and a woman entered into in accordance with law for the establishment
of conjugal and family life."

Hontiveros, in an email, said "[claims] that the bill will compel churches and
priests to perform same-sex marriage is fake news."

RELATED: It’s up to Congress to act on SOGIE bill – Palace

SOGIE bill recognizes schools' rights


Villanueva and other critics of the bill have said that schools could be shut
down for turning away, for example, a transgender male applying for
admission to an all-boys' school or for expelling "a trans woman who insists
on cross dressing despite getting a ton of warnings."

But Hontiveros said that the bill "recognizes the right of certain sectarian,
religious schools to operate based on their faith and in line with the best
interest of children."

The SOGIE bill penalizes refusing admission or expelling a person on the


basis of their SOGIE, but also adds that "the right of educational and training
institutions to determine the academic qualifications of their students or
trainees shall be duly upheld."
The bill also penalizes a school or training institution for imposing harsher
sanctions and penalties on students on the basis of their SOGIE and even on
the basis of their parents' or legal guardian's SOGIE.

Inclusion and protection in schools


Hontiveros said that the bill will mandate public basic and higher education
institutions to implement policies for diversity and inclusion "that reaches out
to LGBTQ+ youth who are more prone to suffer severe mental health issues
compared to cisgender-heterosexual (“straight”) children."

She said LGBTQ+ youth are more vulnerable to mental health issues because
of non-acceptance and bullying the students may face in schools from fellow
students as well as from school officials.

"Sadly, this has led to many cases of self-harm, even suicide," she said.

In a 2017 report, Human Rights Watch pointed out that many LGBTQ+
students face bullying and discrimination and that most schools are not
equipped to give them the support they need.

"When I was in high school, they’d push me, punch me," Carlos M., a
respondent in the HRW report said. He also said abuse and bullying
happened even outside the school grounds.

This, despite a law against bullying and Department of Education guidelines


prohibiting bullying on on the basis of sexual orientation and gender identity,
HRW said.

Many of the respondents said then that they were not aware of policies
against bullying or did not know who to turn to in case they were bullied or
harassed.

"Unfortunately, positive information and resources regarding sexual


orientation and gender identity are exceedingly rare in secondary schools in
the Philippines. When students do learn about LGBT people and issues in
schools, the messages are typically negative, rejecting same-sex relationships
and transgender identities as immoral or unnatural," HRW said in 2017.

'Equality is not special treatment'


Critics of the bill have also claimed that it privileges LGBTQ+ over all other
Filipinos.

"To enact another law that upholds one sector's perceived rights over the
rights of other people who do not belong to that sector is simply unfair, isn't it?
In fact, equally discriminatory, it will be a law of preferential rights, a class
legislation," Rep. Villanueva said in his privilege speech.

Hontiveros said, though, that what the bill espouses is equal treatment.

"Numerous cases of discrimination against LGBTQ+ persons point to a lack of


legal support for these cases," she said.

"Employers can choose to discriminate against LGBTQ+ persons on the basis


of their SOGIE, trans people can be refused service in establishments, and
gay men can be denied access to health services because of stigma. These
are no laws protecting the LGBTQ+ persons based on their SOGIE," she also
said.

Roman, at the press conference in August, said that the access to services
and protection from discrimination and harassment that the SOGIE Equality
Bill espouses "are not extra rights, these are not priviliges."

These are the same rights enjoyed theoretically by many Filipinos," she also
said.

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