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The Current Status: LGBTQ+ Laws in the Philippines

Writer's picture: equaldlsl21equaldlsl21

by Miguel Dionisio D. Suilt III


Abstract:


The purpose of this research is to help understand the status on the topic of LGBTQIA+ laws in the Philippines. There are many resources stating support and opposition on this particular matter so we have gathered a mix between qualitative and quantitative resources by literature review. In conclusion, the LGBTQ+ laws have progressed past their poor state.


I. Introduction


1. The Philippines in accordance with the world have recognized LGBTQ+ individuals. To be aware and vigilant, to support or oppose the ever coming changes can mean the establishment of a new way of living. The LGBTQ+ movement brings significant changes that can shape the future of how people perceive marriage and love. This research is to help the masses better understand the current situation of LGBTQ+ laws and bills in the Philippines.


2. Hypothesis: This research concludes that the status of LGBTQ+ Laws in the Philippines is progressing past the old Church-dominated teachings and that it is heading for equality in treatment and acceptance.


II. Literature Review


1. LGBTQ+ in Philippine Politics and Public Opinions


a. Local government officials play a big role in changing the Philippine government as they are the ones tasked to formulate laws and policies in the country. Seeing their standpoint on LGBTQ+ rights is essential in knowing the possibility of bills passing, as well as potential future laws. In a journal article titled “Social Acceptability of the Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) Community among Local Government Legislators in the City of San Fernando, Pampanga”, they have stated:


b. “Local government legislators were generally accepting of the LGBT community based on seven thematic areas identified in the study, given that 83.33% of statements were rated acceptable. Some statements were rated neutral, such as same-sex marriage, adoption of children by same-sex couples, homosexual sex, and having an LGBTQ leader of a religious group.” (Fabillar, C. E., & Fellizar, F. D., 2020)

c. The local governmental officials overall accepted LGBTQ+ community but still have some neutral statements concerning big topics like same-sex marriage and homosexual sex.


d. The general public also goes along with this attitude. “The Global Divide on Homosexuality” survey showed that 73 percent of adult Filipinos agreed with the statement that “homosexuality should be accepted by society,” up by nine percentage points from 2002.

e. However, there were “gay groups” reported to be displeased by the survey results. “I think that the study only reflects the perceived acceptance of the LGBT community based on the high visibility of gay entertainers. It’s acceptance [that is] contingent on how you fit the acceptable stereotype—the gay entertainer, the creative, talented bakla, the lesbian security guard,” Bagas, executive director of the TLF Share Collective, said in a news report

f. The Filipinos hesitant approach to certain LGBTQ+ topics was captured in a report of a Social Weather Station (SWS) poll: “Despite majority opinion favoring an anti-discrimination law for LGBTQ+ people, most also said they oppose trans women in female restrooms. Forty-seven percent said they strongly disagree with allowing trans women in female restrooms'' (Gregorio, X. & CNN Philippines.)

2. Anti-discrimination in the Matter of Gender and Sexuality

a. The ‘Sexual Orientation and Gender Identity or Expression Equality’ bill or SOGIE bill is an anti-discrimination bill that recognizes LGBTQ+ individuals as equals and proclaims their rights are protected as much as everyone else’s. In a Women Talking Politics magazine article quoted: “With the Philippines being a signatory to international human rights treaties, the bill likewise responds to the call of the international community to address violence and discrimination on the basis of sexual orientation and gender identity.”


b. Similar versions of the bill have been filed since 2000 has made it the longest-running proposal that was under interpellation in the Senate. Along with the Anti-bullying Law from 2013, it is believed that this will help the underlying issue of discrimination that LGBTQ+ Filipinos face. As stated, “students who are lesbian, gay, bisexual, and transgender (LGBT) too often find that their schooling experience is marred by bullying, discrimination, lack of access to LGBT-related information, and in some cases, physical or sexual assault.”(Human Rights Watch, 2017, p.1)


c. The SOGIE bill was opposed by senator Vicente Sotto together with senators Manny Pacquiao and Joel Villanueva, who are predominantly Christian and conservative. Eddie Villanueva once held a rally to protest the passing of the bill. “Thousands of members of the Christian Coalition for Righteousness, Justice, and Truth attended the rally and held banners saying ‘We respect LGBT, no need for the SOGIE bill’ and ‘Konstitution Sapat Na, Sogie Bill Huwag Na’,” in a news article about the protest.

3. Religion and Marriage Equality


a. The Catholic church is a major factor in the mindsets of Filipinos. “...same-sex marriage in the Philippines is a complicated discourse due to its predominantly catholic and philosophical views.” (Leon, J. A., & Jintalan, J. 2018, September 29)


b. There are some fundamentalist Christian groups that view homosexuality as immoral and lessen the value of life so they won’t support same-sex marriage. “Despite the efforts of the LGBT community to push forth equal rights, the resistance of the Catholic church has been an immovable force that inhibits any movement from the group.” (Leon, J. A., & Jintalan, J. 2018, September 29)


c. According to Pasero Garcia (2004), “homosexuals enjoyed a relative status in the pre-colonial Philippines, but as Spanish influence came in the colonial era, so thus the teachings Catholicism.” “Over the next 300 years, as the role of the women in the society deteriorated, homosexuals are [subjected to various] ridicule and scorn as they thought it [was] a violation of the teachings of Catholicism.” (Leon, J. A., & Jintalan, J. 2018, September 29)


d. A bill was filed to the senate for a substitute to same-sex marriage. Speaker Pantaleon Alvarez has formally filed a bill seeking to recognize licensed unions of lesbian, gay, bisexual, and transgender (LGBT) couples. In a news article, “Calling such unions ‘civil partnerships’,” Alvarez filed House Bill (HB) No. 6595 seeking to grant LGBT couples the same rights and privileges enjoyed by spouses.”


III. Discussion

1. The results indicate that the support and opposition of LGBTQIA+ bills and laws that are in the Philippine constitution are affected by religion and bias. The standings of LGBTQ+ individuals in the Philippines were poor, having no specific law protecting them, and that it was dominated by Christian teachings against homosexuality. In line with the hypothesis, there were many advances to make LGBTQ+ rights recognized and public opinion is slowly changing their perception of LGBTQ+ individuals from the many campaigns that were made, although there are still LGBTQ+ policies yet to be accepted. It is beyond the scope of this research to answer questions of certain areas within the Philippines’ opinions on LGBTQ+ Laws. Further research is required to establish whether having LGBTQ+ in government positions factors in Philippine acceptance of LGBTQ+ law.

IV. Conclusion


1. This particular research seeks to answer the question on “What is the current status of acceptance to the topic of LGBTQ+ bills and laws in the Philippines?” It was done by literature review, collecting secondary qualitative and quantitative resources. Based on the research held, it has been concluded that, although still not wholly accepted, the LGBTQ+ bills and laws have progressed.


References:


CNN Philippine Staff. (2020, December 17). SOGIE equality bill reintroduced to the Senate. Cnn.


Fabillar, C. E., & Fellizar, F. D. (2020). Social Acceptability of the Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) Community among Local Government Legislators in the City of San Fernando, Pampanga. Journal of Human Ecology, 8(1), 91–100. https://ovcre.uplb.edu.ph/journals-uplb/index.php/JHE/article/view/430


Fransisco, G. M. (2018, November). The Philippines’ ‘Sexual Orientation and Gender Identity or Expression Equality’ Bill: Who Represents the LGBTQ? Women Talking Politics, ISSN: 1175-1542. https://www.nzpsa.co.nz/resources/Documents/WTP/Women%20Talking%20Politics%202018%20(2).pdf#page=33


Garcia, J. N. C. (2004). Male homosexuality in the philippines: A short history. Reumatismo, 63(2), 111–123. Retrieved from


Gregorio, X. & CNN Philippines. (2019, October 30). Most Filipinos want law vs LGBTQ+ discrimination, but still against pro-trans policies. Cnn. https://www.cnnphilippines.com/news/2019/10/30/SWS-LGBTQ-discrimination-restrooms.html


Human Rights Watch. (2017, June). “Just Let Us Be” Discrimination Against LGBT Students in the Philippines.


Inquirer, P. D. (2018, March 8). Bro. Eddie’s Christian coalition protests vs LGBT bill. INQUIRER.Net.


Leon, J. A., & Jintalan, J. (2018, September 29). Accepted or Not: Homosexuality, Media, and the Culture of Silence in the Philippine Society | De Leon | Jurnal Komunikasi: Malaysian Journal of Communication. Jurnal Komunikasi: Malaysian Journal of Communication. https://ejournal.ukm.my/mjc/article/view/28005


Lyons, J. D. (2017, September 21). The Philippines’ Anti-LGBTQ Discrimination Bill Was Passed With A Stunning Unanimous Vote. Bustle.


Manipon, R. H. (2020, December 14). SOGIE Equality Bill: wins Senate committee approval. Daily Tribune.


Nonato, V. F. (2017, October 21). Alvarez files house bill recognizing LGBT unions. INQUIRER.Net.


Pew Research Center. (2020, June 25). Acceptance of homosexuality varies across the globe [Graph].

Https://Www.Pewresearch.Org/Global/2020/06/25/Global-Divide-on-Homosexuality-Persists/.


Tubeza, P. C. (2013, June 9). PH ranks among most gay-friendly in the world. INQUIRER.Net. https://globalnation.inquirer.net/76977/ph-ranks-among-most-gay-friendly-in-the-world

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