SOGIE Bill

The thing about the SOGIE Bill is those people who have not read it aggressively chime in and, in the process, muddle everything up. For those who are not aware, SOGIE is an anti-discrimination bill that seeks to prohibit discrimination based on a person’s expression of sexual orientation or gender identity.

Since its introduction to Congress in 2000, the bill has remained in deliberations but has never been enacted into law.

Actually, there is nothing controversial about it. However, those who are opposed to it are rabid, positing arguments that are actually ludicrous, but sadly are so influential they actually mislead the public.

For example, they fear that if it becomes a law, men would dress themselves up as women so they could enter comfort rooms reserved for ladies and rape them. This is a bit far-fetched, to say the least. In the more than 30 years the law has been implemented in other countries, there was only one incident of the same nature that was reported and it didn’t even lead to rape.

In the meantime, thousands of women are sexually abused from around the world. In the Philippines alone, almost 8,000 cases of rape are reported each year (PNP, Center for Women’s Resources) and the perpetrators don’t have to go the extra mile of pretending to be women since well, spiking drinks like what Bill Cosby does or outright using force can easily get the job done.

Besides, the measure is not really about trans people per se but about anyone who does not wish to be discriminated against on account of his, her or their sexual orientation. So it pretty much covers everybody, including a woman for example who is being denied her opportunities because she is a woman.

Anyway, there are those who oppose the measure because they think it seeks to impose stiffer penalties. This is a valid concern although it should be stated that it’s still pending in Congress and therefore not yet set in stone. Nevertheless, the imposition of penalty should be the least of anyone’s concern unless he intends to violate it.

At any rate, there are also those who say the law violates our freedom of religion. This makes sense to a certain extent. Certainly, some people who believe homosexuality is a sin shouldn’t be forced to recognize otherwise.

However, their belief should not be an excuse not to obey the measure assuming it becomes a law. In the case of Gerona v. Secretary of Education, the Supreme Court states that “between the freedom of belief and the exercise of said belief, there is quite a stretch of road to travel. If the exercise of said religious belief clashes with the established institutions of society and with the law, then the former must yield and give way to the latter. The government steps in and either restrains said exercise or even prosecutes the one exercising it.”

So, the freedom to believe is still protected. Which means a pastor, notwithstanding the measure, may still go out there and preach against homosexuality without fear of reprisal. Such right to his religious beliefs is a constitutionally guaranteed right that can never be transgressed upon. It’s only the expression of such right (freedom to act) that should be subservient to the law.

In reality, the proposed measure is actually careful in not interfering with religious freedom. So, there’s really nothing to worry about.

I really hope that people regardless of their respective opinions on the issue would ultimately take time out to consider where everyone is coming from so they can judiciously propose some concessions that are acceptable to all. The SOGIE bill is more than a rest room issue. It’s about addressing inequities that should have no place in our society.