SEXUAL PREJUDICE

AND
STIGMA AGAINST
LGBTQ
Mid-Term Requirement in Human Rights Law
(1st Semester – S.Y. 2020-2021)
 INTRODUCTION

DIVERSITY. In the universal parlance, diversity finds abode within

the concept of flora, fauna, and the environment. Thus, includes a variety of
plants, genetically peculiar organisms belonging to different strata. Diversity
is individual difference grounded from a uniquely distinctive character and
nature of its own. For an unspoken reason, people appreciate diversity in the
realms of natural sciences, without objections. Sociologically and
introspectively, the term diversity itself is an uninhabited concept due to
socially established norms perfected through the passing of times, concreted
by continuous observation. These norms have yielded into an edifice
projecting a singular facade exclusive to a specific group of people. This
explains why in a society, a sense of collectivism and mutual sharing in
aspects of cultural traits and norms are significant prerequisites for it to
flourish as such. Polished by time, a society emerges with a distinct culture,
creating a strong bond between its members whose beliefs, values, laws and
character is well defined. As much as society is forged into a formidable
group, it turns out to be strictly difficult to influence and unwilling to entertain
simple change running counter to its well-established way of life. Henceforth,
diversity for non-humans is a typical phenomenon, but for humans as social
beings and individuals, a certain limitation is drawn.

These differences in the social perspective may have been dormant

during the early centuries. However, with expansion of the popular culture
showing a greater possibility of interconnectedness of groups of people and
people per se, it ignites cultural diffusions, hence, new concepts emerge
brought forth by influences introduced by people from different walks of life.
This proves that nowadays, socially restrictive barriers such as norms and
culture have waned and banishes impossibility for societies to construct,
deconstruct and eventually reconstruct into a modified and modernized
society. The interchange of beliefs and ideas is magnified as an avenue of
change while the new-found concepts became the vehicle for a recalibrated
community of people sharing universally accepted standards and norms.
Transition has always been present to human experience and indisputably
connected to series waves of adoptions, acculturation and assimilation.

In the same vein, human rights underwent a series of construction,

deconstruction and reconstruction as it responds to the demands of time and
currently pressing issues. From a general concept, human rights clothe all
people with protection and security, with the aim to preserve human dignity
with an encompassing degree of morality and conscience. Thus, a question
arises, when can human rights be invoked as rights considering significant
factor related to race, social status, and sex and gender? At present, gender
roles, sexual orientation, gender equality and expression are marked in the
lists of serious issues confronting the society at large. These affect not only
the concerned individuals but also those who are related to them as well as
those found around them.

LGBT issue is a human rights issue arising from evident diversity.

Individually, people are unique in their own way. The distinctions may be
seen from the so-called gender expression, identity, and preference. These
overlapping concepts confuses people from the heterosexual gender due to its
complexity and nature of fluidity it possesses. In this modern time, more
people have expressed themselves as individuals with colourful traits and
unique preferences. They are the members of the LGBTQIA+ community.
The terms homosexual male and female (lesbian and gays), bisexual,
transgender male/female, queer, intersex, cisgender, asexual, pansexual etc.
are categories falling within the abbreviation LGBT+. Constructively, they
see themselves as people from the “pangatlong lipunan,” who, like straight
genders, deserve a degree of respect, equality and recognition and not to be
treated as minorities and vulnerable groups. Unfortunately, these colorful
individuals are subjected to serious physical, emotional and psychological
discrimination and abuses due to compliance with strict societal norms and
beliefs. There are instances where they become victims of serious
condemnations and often defamed as being sons and daughters of hell,
menaces of the society, heretic members of the Christian believers, HIV/AIDS
carriers and other emotionally excruciating remarks. For an obvious reason,
this explains why many of the members of the community commit suicide and
others were killed on hate crimes. The proliferation of all forms of abuses and
deprivation against members of the LGBTQ+ bangs the doors of human rights
agencies to act on it. Many ordinances on anti-discrimination were passed
across the country, legislative measures in the national level aiming to protect
and provide civil rights to members of the community became controversial.
What makes it so difficult to protect the rights of these individuals? LGBT+
RIGHTS are Human rights as they say, yet to them, it is neither implemented
nor felt.

Nonetheless, despite the confusions and dilemmas present to LGBT+ in

relation to human rights, this paper aims to find out the contentions that the
members of the community have for themselves and what they want to
happen. This is to elicit their personal accounts which may aid in deriving into
conclusive findings in furtherance to the promotion and protection of their
rights.

This group finds the LGBT as a timely social issue in the context of
human rights. The group aims to seek further on the challenges confronting
people from the LGBT community using their own points of view. As a
method of gathering the necessary data, the group came up with a survey
questionnaire to assess the respondent’s standpoints and view that may deem
crucial in the unravelling of truth that may either negate or affirm the existing
notions and assumptions of the members of the society. In furtherance to the
aforesaid objective, the group carefully pointed out the most common
questions which may probably be thrown to an LGBT member. Responses
were gathered from those who, by themselves identified as members of the
LGBT and those who are willing to disclose their personal accounts of their
experiences which may redound to some serious human rights violation.

To assure that confidentiality is properly and respectfully kept, the

group opted not to put any question that asks for their name and address. With
it, rest assured that questions are being answered with utmost confidence and
honesty. Through the use of google forms, the floating of questionnaires by
each member of the group was efficiently done. Links were sent to the
respondents and from there, they started answering. Hence, the group
members made a series of follow-ups to their respective respondents until the
desired number of responses are met.
 PERSONAL ACCOUNTS

Grachelle Ann Serrano:

Human rights are a set of rights which every human is entitled to. Every
human being is inherited with these rights no matter what caste, creed, gender,
the economic status they belong to. However, with the society that we have
today, not all are afforded these rights which we are all entitled to. LGBT is a
community of people who refer themselves to as lesbians, gays, bisexuals and
transgenders. LGBT members face constant issues of being unaccepted by
people with traditional sexual orientation. As a result, one of their main
priorities is to achieve equality in modern society. Despite the fact that we are
all entitled to our rights as human and that all men are equal, the LGBT
community are still struggling in order to achieve real equality. The LGBT
community has been a target of different kinds of discriminations.

Admitting oneself is one of the struggles a member of the LGBT

community faces, not because they are unable to accept the reality about their
sexuality but due to the possibility of not being accepted by society. Some try
to hide their sexuality to avoid being ostracized and rejected by other people.
Fear of being judged is the most common reason that restricts a person from
coming out as a member of the LGBT community. The question of “will my
family accept me?” is another thing a person needs to ponder on before
disclosing his sexuality. Although there are a lot of laws that protect each and
every one of us from the various types of discriminations, these are not
enough to ensure that once a person becomes open to his sexuality he will not
be subjected to the discriminations and judgments by our society. Indeed, the
struggle is real for a person who plans or wants to come out and be open to his
sexuality in public.

Looking at the answers of our respondents in the interview we have

conducted through google forms and face-to-face interview, it is high time
that we should all be open to changes in our society and to be able to accept
the same. “Gays are plague”, “Salot sa Lipunan”, “Bad Luck”, “Basta bakla
salot” these are some of the countless insults thrown at members of LGBT
community. As Atticus Finch in Harper Lee’s ‘To Kill A Mockingbird’ said:
“ You never really understand a person until you consider things from his
point of view”, we are all different, we are unique in our own little way but
we are all human and that we are all entitled to be respected. We may be
taking different paths in our lives and we view things differently, however,
these differences do not give us the right to trample on other people and
invalidate their feelings and perceptions.

“Mockingbirds don’t do one thing but male music for us to enjoy ... but
sing their hearts out for us. That is why it is a sin to kill a mockingbird”
(Scout, To Kill A Mockingbird) Members of the LGBT community are like
mockingbirds - good, innocent people destroyed by evil, just as mockingbirds
do not harm people but only “sing their hearts out for us”. The LGBT
community’s aim is to achieve real equality and not to bring harm to other
people. They are hindered from coming out in public and are subjected to
criticisms because of their sexuality. They are verbally abused by the society,
insults were thrown at them, some were also physically abused by their own
family and some were mentally abused which leads to depression.

The population of LGBT community is increasing however some in our

society are in denial of the fact of their existence and some blame them for
being who they are. Sexuality is not a choice. Homosexuality is something
acquired at birth and something that is apart of people. There is a part of them
that they cannot regardless of what others believe or what they do to stop
themselves from being homosexual. Although there is no undeniable evidence
concerning the initiation of sexual preference, there is significant historical
and sociological support, that homosexuality is as natural as heterosexual. “I
believe that being gay is not a choice. I feel it so solidly and profoundly inside
me that it must have come from nature”, one of our respondents said. To
conclude, Homosexuality is a natural thing whether the society believes it or
not. It is found in nature around us.

We all have different perspectives and judgments in life so we can’t

force other people to accept each other’s views especially if it contradicts with
their own. There are a lot of situations or experiences some would want and
hope to be accepted in society like the acceptance of the LGBT community.
The said community is composed of people who are lesbians, gays, bisexuals,
and transgender. We all know that they receive constant rejections from those
people with traditional sexual orientation but for them, all they ever wanted is
equality and freedom to profess their identity.

Being part of the community means you are not considered as a normal
being. You are criticized because of your identity, which in my opinion is
absolutely wrong. There are cases where they are being discriminated against
at work, at school, or everywhere they are. These people can contribute a lot
in our society regardless of their gender identity. There is no correlation
between their gender and their course of work. Even though they have this
unique identity, no one can deny that they always give joy to other people.
They also work hard for their family no matter how hard it is for them to face
discrimination and scrutinization.

There are people who dread to “come out” to their families because of
rejection or possible disownment. If they are not accepted by their own family
then how can they have the courage to proclaim it to the society? Also, those
religious sectors views homosexuality as something that is not right and
should not be acknowledged. We all wanted to be treated fairly but why can’t
other people respect their identity? In most cases, people view it negatively
because it is not what they are used to. They always think that everything that
is not practiced or goes away with what they are used to is wrong. This kind
of mentality hinders the LGBT community to achieve equality. However, for
the past few years, there is already an increasing acceptance of the community
all over the world that they already allow same sex marriage.

Acceptance may take long but nevertheless there is still hope for it to be
totally accepted. We cannot force each other to accept the LGBT community
but we must always respect each other for we are still humans. We must
respect those in the LGBT community, we must not bash them for being true
to themselves but rather we must learn and open to understand them.
Acceptance is a long process but with having an open mind, the wisdom to
understand and the respect that we have for those in the LGBT community,
acceptance will come.

Change is constant. The changes around us such as the inclusion of

homosexual in our society must be viewed with understanding and openness.
At the end of the day, we are all humans, we are all equal in the eyes of the
law. Hence, no one should be neglected just because of his sexuality or belief.
We must accept the changes around us. Change can often be a difficult thing
for everyone. No matter how big or small, sadly many of us fear it. Change
will for sure affect us all, the only difference is in how each person decides to
handle it.

KRISHA T. BALUBAL

The LGBTQ is a term that encompasses many different identities,

genders and sexualities. It stands for lesbian, gay, bisexual, transgender, and
the Q can stand for queer or questioning. LGBTQ individuals have always
been a marginalized group as a whole, however, when looking on different
views, there are individual groups who suffer worse marginalization.
 Gender equality is a well-known problem in today’s society. Not only
today, but also in the past. In the past history, homosexuals were not
considered equal and were denied civil rights. Majority are guilty of
discrimination against LGBTQ whether consciously or unconsciously. The
LGBTQ are faced with daily discrimination from work, society, peers, family
and even school teachers and administration. Their “otherness” is the basis for
stigma and its attendant prejudice, discrimination, and violence.

Our group conducted an interview with regard LGBTQ through Google

forms. LGBTQ respondents were asked about their views on how much their
group is accepted by society, the major reason that restricts them from coming
out as a member of the LGBTQ, whether gender identity curtails their rights
and others.

The result shows that LGBTQ lack support and guidance and also
prove how much these LGBTQ are clearly affected, in more ways than one,
by discrimination. There is a higher rate of abuse, neglect, and discrimination
against LGBTQ than straight people. They have been verbally abused or
suffered harassment because of their sexual identity. Most bullying or verbal
abuse was experienced in school, work place and even somewhere else. As a
result, it creates a state of loneliness and isolation for them. The loneliness
that they bear can turn into depression which often leads to substance abuse or
even suicide. They internalize negative stereotypes and develop severe
degrees of low self-esteem.

I believe that most parents would prefer their children to be straight

than to be gay, and most school officials also prefer straight students over gay
students. This preference could be a contributing factor in discrimination
against LGBTQ. This is why majority of the LGBTQ prefer to open up
themselves to their friends. The LGBTQ come out gradually. They start by
telling a counselor, few close friends or even strangers. It's easier for them to
come out because they are more likely to get support from friends and other
people. Many LGBTQ who come out are fully accepted. But others are not.
You cannot really know how people will react until the time comes.

Everyone responds based on their own situations: Parents who accept

an LGBTQ friend may be upset when their own child comes out. It could be
because they worry their child might face discrimination. Or it could be they
struggle with beliefs that being LGBTQ is wrong. However, families should
play a big part in discrimination against LGBTQ and the effects that it has on
them. In my opinion, they are the ones who have the greatest influence on
LGBTQ and in turn have the ability to reduce substance abuse, educational
failure, and suicides.
 Some of the comments that LGBTQ are faced with are as follows:
“basta bakla salot”, “malas”, “walang mararating yan”,
“sayang”,”pineperahan lang sila”, etc. Those are only a few of the biased
statements that LBGT are faced with in society. Parents and schools need to
realize how much they can help diminish the effects of discrimination against
LGBTQ and help them live a normal and happy life.

For transgender people in the Philippines, the lack of gender

recognition law has led to even more discrimination. In the workplace,
gendered policies prevent transgender people from accessing facilities (such
as comfort rooms) or wearing a uniform based on their gender identity, rather
than their sex assigned at birth.

In terms of other governmental policies, the Magna Carta of Women

has helped in progressing gender rights. It explicitly included the term “sexual
orientation” as a prohibited basis of discrimination. While it did not cover
gender identity explicitly, the inclusion of sexual orientation was significant
and has implications in practice for transgender people. It has, however, given
a significant mandate to the Commission on Human Rights (CHR). LGBTQ
persons are also entitled to their full rights under the International Convention
on Civil and Political Rights (ICCPR).

LGBTQ individuals face challenges in employment both on an

individual level and as members of a community that is subject to
discrimination and abuse. Under Article 3 of The Labor Code, it states the
Declaration of policy which the State shall afford protection to labor, promote
full employment, ensure equal work opportunities regardless of sex, race or
creed and regulate the relations between workers and employers. The State
shall assure the rights of workers to self-organization, collective bargaining,
security of tenure, and just and humane conditions of work. While the law is
silent on gender identity and expression, the mandate for equal opportunity in
employment is clear. However, the reality shows a different picture since
many transgender people encounter hardship in accessing work opportunities
because of discrimination.

The struggle for legal equality for LGBTQ people rests on several
fundamental constitutional principles. Laws of general application should
apply with equal force to LGBTQs. In addition, the Philippines is signatories
to many relevant international covenants promoting human rights, though
LGBTQ rights are not always supported by the State.

The most important issue in terms of law is considered the lack of an

anti-discrimination bill. There is a bill that was proposed by the Congress of
the Philippines. It is called the SOGIE Bill, also known as the Anti-
Discrimination Bill. It is intended to prevent various economic and public
accommodation-related acts of discrimination against people based on their
sexual orientation, gender identity or expression. Unfortunately, the Senate
president Tito Sotto expressed dissent against the bill.

It is noteworthy that regardless of those rights and laws, the LGBTQs

deserve to be respected because LGBTQ people are human beings too.
Reading about others’ experiences can be helpful, especially when they have
overcome difficulties and come to accept themselves. Seeing positive images
of LGBTQ communities can also be really helpful in building a positive
understanding of diversity and acceptance. True gender equality deals with
the empowerment of the marginalized sectors of society. Sexual orientation
and gender identity are integral aspects of our selves and should never lead to
discrimination or abuse. Society needs to be tolerant of their physiological and
psychological differences.

VERNON TALATTAG

“Tanggap naman nila kami bilang bakla pero ang hindi nila tanggap
ay yung gawain namin na parang ibang tao kami.” – Ms. M (a close friend
and one of the respondents)

Our group has chosen the Lesbian, Gay, Bisexual and Transgender
(LGBT) community as the subject of our study. The study gave me an in
depth understanding on how they feel about their status in a predominantly
Christian country and their personal struggles in living their day to day lives.

To prepare for the task at hand, I have read some articles about the
situation of the Philippines with regards to the LGBT Community. A United
Nations Report1 on the Philippines stated that gender non-conformity pre-
dates the Spanish Period of Colonization. Crossing gender were exemplified
by the Babaylan. A Babaylan is generally considered by our Filipino
ancestors and indigenous communities as someone who has the ability to
mediate with the spirit world. While the word is said to connote a woman, the
UN Report suggested that there were also male babaylans. These men did not
only wear clothes of women but were also granted social and symbolic status.
Unlike the pre-colonial period, the situation today is harder for the LGBT
community as one could be beaten to a pulp if he or she is caught cross
dressing. The study gave me an insight on how the LGBT community
perceive themselves, how they came out and how can we do more as a
society.

One of the struggles pointed out by the people interviewed is that there
is no nationwide law that protects them. A University of the Philippines
article2 revealed that only 5 Provinces, 15 Cities and 1 Municipality have
LGBT anti-discrimination ordinances. It was only last October 29, 20203 that
the country’s capital, the City of Manila, signed an ordinance protecting the
rights of the LGBT community. A further search also revealed that the
National Government is still absent in LGBT scene as the house bills for the
protection of the LGBT community is still pending in the Congress 4. The
absence of a national law was cited in a United Nations Development
Program Report (UNDP)5 and it was further noted that while the Philippines is
a signatory to various international agreements, the country did not sign or
support various UN Statements for the protection of the LGBT Community.
The UNDP Report stated that the Permanent Representative of the Philippines
to the UN did not support the June 2011 Statement at the UN Human Rights
Council urging States to end violence, criminal sanctions, and related human
rights violations based on Sexual Orientation and Gender Identity (SOGI) and
the Joint Statement of the December 2010 UN General Assembly resolution
that included protection for LGBT people from extrajudicial executions and
other unlawful killings based on sexual orientation. This lack of protection is
one of the reasons why the respondents in the survey hesitated in “coming out
of the closet” as they may face discrimination, bullying and unacceptance.
The fear is well grounded as news outlets report the killings of Jennifer Laude
and Donna Niera among others.

The occurrence of verbal abuse is common among the respondents I

interviewed. This occurrence is also common among the respondents of my
group mates. Harsh perceptions of the community are also prevalent. One of
my respondents said that some of his relatives view him as a sinner as he

1
UNDP, USAID (2014). Being LGBT in Asia: The Philippines Country Report
2
https://pages.upd.edu.ph/ejmanalastas/policies-ordinances. Accessed November 1, 2020.
3
https://newsinfo.inquirer.net/1353994/manila-signs-ordinance-to-protect-rights-of-lgbtq-
community. Accessed November 01, 2020
4
https://newsinfo.inquirer.net/1229646/fwd-huwag-tayong-hypocrite-push-for-sogie-bill-continues-
in-house. Accessed November 01, 2020
5
UNDP, USAID (2014). Being LGBT in Asia: The Philippines Country Report
came out as gay. The presence of verbal abuse and harsh perceptions in
almost all the respondents, albeit a small population size, somehow
contradicts a Pew Research report6 that around 73% of Filipinos think that
homosexuality should be accepted by the society. Further reading of the
UNDP Report7 gave a plausible explanation for this situation as it stated that
acceptance is conditional as long as the bakla remained confined to certain
occupational niches and fulfill certain stereotypes. The explanation of the
UNDP Report seems to hold water as there are still crimes being committed to
the LGBT Community based on their gender identity. Ms. M, a respondent,
finds the conditional acceptance not as a step forward but an awkward
situation where you are accepted by the society as a gay individual but you
cannot do things that come along with it like expressing your love, having
adopted children and the like.

Coming out to their own families is also hard for the LGBT
Community. Based on my interviews, majority of my respondents came out
first to their friends rather than their family. When I asked about why they
chose their friends rather than their family members when coming out, one
respondent stated “Baka hindi ko kakayanin ang sasabihin nila” as the
respondent feared of the discrimination and rejection coming from his family.
It seems that the typical Filipino family is not yet ready for these kinds of
scenario. Friends, according to one respondent, made his coming out easier as
he could “test the waters” or gauge the reactions of people close to him.
Another respondent even stated that movie portrayals of coming out of the
closet made the experience even harder as the general reaction is negative and
entails emotional and physical pain.
Most of the respondents feel that they are not enjoying their full rights
compared to their non-LGBT counterparts. All of my respondents stated that
granting of civil rights protections to the LGBT community would make the
playing field equal for them. This unanimous response among the respondents
indicate that injustice, big or small, is still prevalent to the community. The
presence of anti-discrimination bills in only five 8 (5) out of the eighty-one
(81) provinces speaks for itself. I feel that the situation may still persist in the
future as online sources910 reveal that the groups advocating the rights of the
LGBT community remain small in numbers and fragmented in their
advocacies. The presence of a nationwide level advocacy group and
prioritizing of advocacies may help uplift the LGBT community with regards
to their rights.

The interviews I made with the LGBT group gave me insights that
some people may not even recognize. We, as a society, need to do more for

6
https://www.rappler.com/nation/filipinos-acceptance-homosexuality-2019-pew-research-report.
Accessed November 01, 2020
7
UNDP, USAID (2014). Being LGBT in Asia: The Philippines Country Report
8
https://pages.upd.edu.ph/ejmanalastas/policies-ordinances. Accessed November 01, 2020.
9
https://www.angloinfo.com/how-to/philippines/manila/family/lgbt/lgbt-organizations-in-metro-
manila. Accessed November 01, 2020
10
http://www.transph.org/add-organization-to-database/. Accessed November 01, 2020
the community as their struggles are often not publicized. Tolerance to the
community may not happen overnight but small steps are better than nothing.
The sexual orientation or preference of a person is not a valid ground for
abuse and depravation of rights.

JETT DUMAYAG MIGUEL

In International Human Rights Law, “Human Rights are those

fundamental freedoms and entitlements that each person possesses by virtue
of nothing more than a status as a human being” (Hofmann and Rowe).
Specifically, Article 1 of the Universal Declaration of Human Rights provides
that all human beings are born free and equal in dignity and rights. Moreover,
the International Convention on Civil and Political Rights enjoins all its
signatories to respect the rights of individuals without distinction of any kind,
such as race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status.

The Constitution being the supreme law of the Philippines has ratified
these international instruments as part of its domestic law through Article 2 of
the 1987 Philippine Constitution. In sum and essence, the highest law
guarantees individual and collective rights such as but not limited to, the right
to life, equality and freedom from discrimination, human dignity, freedom and
security of a person, privacy, freedom of expression, freedom of association,
highest attainable standard of health, education and due process.
From this position, it is natural to cite and dispel the popular myths about
homosexuality, to mention the far-fetched fear, suffering and anxiety that
oppression inflicts on the members of LGBT community, and to staunchly
advocate an end to all discrimination based on sexual orientation.

Sigmund Freud believes that humans are sexual beings. As such, sexual
expression is an essential component of healthy human development.
Researchers Susan Cochran and Vickie Mays opined that sexual orientation is
a complex concept with multiple measurable and interrelated dimensions,
including sexual attraction; sexual behavior; sexual fantasies; emotional,
social, and lifestyle preferences; and self-identification. From this viewpoint
may a person in so identifying himself/herself as part of the LGBT be
logically associated. To define, LGBT stands for lesbians, gay, bisexual and
transgender. Lesbians and gays are members who are sexually attracted to the
same sex. Transgender men/women are those whose gender identity,
expression or behavior is different from those typically associated with their
assigned sex at birth. On the other hand, bisexuals are sexually attracted to
both men and women.

It is indubitably recognized that there exists a well-entrenched prejudice

and discrimination against the LGBT community. Owing to this centuries-old
dilemma, it is then necessary for them to seek solace and refuge to legislations
which lay on the table their rights. This paper shall discuss the right to
equality and freedom from discrimination of LGBT members pursuant to
existing domestic and international laws. Consequently, it shall focus in depth
on religious, political, social and cultural stance of the society regarding
LGBT discrimination.

The results of the survey revealed that majority of the respondents were
bisexuals. Heading further, it was found out that most of the respondents were
verbally abused for being members of the LGBT community. Astonishing of
all findings is the response that denominated friends as the first ones whom
the several respondents had the gall to be honest with their true gender
identity; mother only being the second. Markworthy, nevertheless is one
response explicating his choice of not coming out for he was never confronted
though everybody knew or ought to know his gender identity from the
beginning. Notably, one respondent was denied of his right to be employed
for the sole fact that the employer did not want to have employees who are
part of the LGBT community.

These occurrences necessitate the paramount significance of expanding

LGBT rights and its consequent enforcement and protection. A study
concluded by Adisa Teliti exposed that LGBT members can face social
exclusion from society. One of the main features of social exclusion of LGBT
people is their invisibility and marginalization, or in more political terms, the
lack of recognition of LGBT people as full members of a community and as
citizens.
 Be that as it may, attempts to address LGBT discrimination have been
met with resistance and radical opposition from religious groups and
conservative sectors. The Catholic Bishops’ Conference of the Philippines
(CBCP) has condemned violence and discrimination against LGBT people,
but in practice, the Roman Catholic Church has resisted laws and policies that
would better protect LGBT rights contending among others that recognizing
LGBT rights will open the door to same-sex marriage.

In 2013, Congress passed the Anti-Bullying Law of 2013 which

enumerated sexual orientation and gender identity as prohibited grounds for
bullying and harassment. This piece, while strong on paper, failed to explicitly
provide for the protection and enforcement of LGBT rights. Recently, the city
of Manila has approved an ordinance to protect rights of LGBT from
discrimination, the latest in a slew of local laws passed across the country.
The wave of local ordinances stands in stark contrast to the Philippine
legislature, which has not passed similar anti-discrimination legislation. The
SOGIE bill, which could have been a historic milestone in the country’s quest
towards equality, failed to hurdle the Congress.

Even with a pool of existing legislations that enumerate rights against

any face of discrimination, the plight of the LGBT members remains
unreduced as yet to a tolerable degree. In it is this light that it is deemed
necessary to lobby for laws that better enforce and protect already existing
rights pursuant to enacted laws on the matter. Abundance of laws guarantees
no real protection. “A toothless law bites but leaves no mark.”
MARK C. ESGUERRA

Human rights-related issues is an all-time subject of controversies

attached to man’s actions. For centuries and across epochs, man and his
dealings with others is in constant struggle in the assertion and preservation of
his right to life, safety, property, liberty, speech, information, and all other
rights afforded to him by the internationally and locally recognized laws on
human rights. Before, societal structures are platforms to vividly picture-out a
deprivation of man’s basic rights as human. The relationship between
bourgeoisie and proletariats, landlords and serfs and the plebian-patrician
classes of western world, Indians infamous caste systems and the Filipino’s
very own Maharlika-timawa-alipin social classes served as the earliest
breeding grounds for the upper class to see themselves as omnipotent beings
inherently possessing all forms of rights and privilege to rule others in
accordance to the law which they created. From those powerful classes
springs the all forms of human rights violations, economic deprivation,
curtailment of one’s liberty and freedom, slavery and involuntary servitude
and the widespread practice of harsh punishments to their subjects without
regards to their rights to be heard and human dignity. Another wave of human
rights issues emerged from the struggles of women. They are often subject to
political, social and cultural abuses on the basis of their femininity and being
physically inferior than men. It took time before democratic countries
afforded the right to vote and to participate in political activities to women.
Other cultures that are sexually bias subject women to painful body mutilation
in order to conform with their standards of beauty and other criterion that
forced them to succumb without the right to say “no”. These cultural practices
highlight not the uniqueness of their customs but the obvious inequalities
between sexes.
 The kinds of human rights issues mentioned above are in their own
contexts, feeds humanity with a dose of sensitivity and respect to human
dignity in a manner that it affects people’s perception towards an issue
characterized by manifest obnoxiousness. Hence, it attracted the attention of
other observant members of the society to voice out certain grievances that
were kept silent due to fear of persecution or treated as deviant by the many.
Thus, it took a long struggle for victims of such human rights issues to be
afforded with the kind of justice they actually deserve.

Human rights issues, across time and era has come into numerous
forms, severity, subject and had historically significant resolutions. Social
classes were disregarded as controlling over equality, women gained
recognition and for many times, moved the world with their brilliance and
greatness. In the long line of these issues, apparently, they were duly
addressed with a lesson attached to them that in no case, such can never be
repeated through the collective efforts of humanity to curb and prevent such.
Today, as the new millennia started to unfold, generations had passed,
and new generations started to take place with new challenges to hurdle. In
the advent of the 21st centuries, more voices have been screaming for greater
equality. A type of equality not on the basis of sexuality, but a campaign for
equality with emphasis on gender expression, preference, identity and sexual
orientation. These are social issues emanating from the current social situation
seemingly catches attention due to its inevitable existence. Homosexuality,
lesbianism, bisexuality, transgenderism and other gender-related issues
became the battleground of local and international colloquy whether to
recognize them as official members of the society of leave the acceptance
through a lapse of time. Interestingly, in the past, homosexuality is already
known to many, but were kept behind the walls of the room. in this present
time, it turns out to be a serious matter due to some cases of hate crimes,
discrimination and even unjust treatment to those individuals who are
members of the modernly termed as “LGBT+” community.

The LGBT+ community are commonly known as homosexuals (gays

and lesbians, either crossdressers or discreet who are attracted to people in the
same sex), bisexuals (those who are attracted to both men and women),
Transgender (Those who are either biologically male or female who are
emotionally, mentally and psychologically the opposite of their sex. Their
thinking and feelings are the exact opposite of their sexes and they usually
undergo hormone replacement therapy and sex reassignment surgery in order
to vertically align their physical body with their personality. This peculiar
character, totally alien to heterosexual individuals didn’t only brought
confusion to the society but it became the cause of discrimination issues and
loss of lives in some members of the community. Their non-acceptance as
members of the society are often rooted on conservative religious beliefs,
concept of social defiance, notions of immorality and social taboo.
Normatively, in the Philippines, as a religious and patriarchal nation, seeing
two people of the same sex in intimate relationship appears to be heretic and
unworthy beings. Others even used the biblical story about the sinful cities of
Sodom and Gomora to subjectively assassinate their personalities.

Apparently, there are controversies circulating all over the country

about the death of Jennifer Laude (Transgender), discrimination suffered by
Gretchen Diez (Transgender), negative opinions against Vice Ganda, Aiza
Seguerra, Jake Zyrus and other TV personalities on the basis of their gender
identity. Indeed, Philippines as a nation tolerates LGBT but doesn’t totally
accept them with full recognition. These controversies and other
untold/private stories of inequality kept by members of the LGBT summons
social attention to see those situations as a matter of human rights issue in a
more specific context. It may be true that they are not the typical people like
the heterosexual individuals whose preference is the opposite sex, but their
state of being “different” must not be interpreted in a way to negate them from
their right to be treated equally and with respect.

This group finds the LGBT as a timely social issue in the context of
human rights. What are their personal issues and accounts in relation to their
respective gender identity and preferences? How do they deal with people
acting indifferent to them? What are their coping mechanisms that would help
them survive amidst the objections of the society and its people when their
gender identity is being questions by standards of morality and coercive social
conformity? In this light, the group aimed to seek further on the challenges
confronting people from the LGBT community using their own points of
view. As a method of gathering the necessary data, the group came up with a
survey questionnaire to assess the respondent’s standpoints and view that may
deem crucial in the unraveling of truth that may either negate of affirm the
existing notions and assumptions of the members of the society. In
furtherance to the aforesaid objective, the group carefully pointed out the most
common questions which may probably be thrown to an LGBT member.
Some of the questions are on how they came out as one, what are their
restrictions to come out, their gender identity, their personal views on how the
society looks at them and other questions that aims to elicit the most personal
response from them. Responses were gathered from those who, by themselves
identified as members of the LGBT and those who are willing to disclose their
personal accounts on their experiences which may redound to some serious
human rights violation. To assure that confidentiality is properly and
respectfully kept, the group opt not to put any question that asks for their
name and address. With it, rest assured that questions are being answered with
utmost confidence and honesty. Through the use of google forms, the floating
of questionnaires by each member of the group was efficiently done. Links
were sent to the respondents and from there, they started answering. Hence,
the group members make series of follow ups to their respective respondents
until the desired number of responses was met.
 Generally, since the survey question sought for a verbal response, the
group shall be using thematic analysis to interpret the responses in a
conclusive manner. On the question of the types of the abuses they
encountered, most of the respondents answered “Verbal Abuse”. This is
indeed manifest from the overt acts of shaming and mocking them in public
areas including the throwing of dirty jokes that are defamatory to their gender.
Friends became the common answer when they were asked to whom they
came out first. The open and sense of comfort provided by people who share
same levels of perceptions are the driving force for the members of the LGBT
to admit their gender identity. Probably because there is a lesser probability of
being rejected and rebuked. In some respondents, they sought their mother’s/
grandmother’s or sister’s acceptance and few claimed that they came out to
their father. For the restrictions of coming out, their answers boil down to the
fear for discrimination of the family, religion, and friends. Indeed, the LGBT
members themselves see the society as a most controlling factor for them not
to become open and out. Most respondents also thought that they are least
accepted people because they act differently as compared to the heterosexuals.
The prevailing close-mindedness as they describe, restricts them from being
socially accepted. On the aspect of granting civil rights to LGBT members,
most of them answered in the affirmative side invoking the concepts of
equality and uniformity of human rights to be enjoyed by all regardless of any
categories. For them, civil rights must be an all-encompassing grant to every
individual. Right to equality became the major tone of the respondents on the
question asking them what rights are lacking? Some put emphasis on
expression specifically to dress the way they wanted in workplace but still in
accordance to standards of decency. They also thought that the public see
them more as people of the lowest rank who are attached to issues of HIV,
immorality and other degrading remarks. In asking them whether they agree
on same sex marriage in civil union, most of the respondents answered yes.
But it is also important to note that few answered no but qualifies it in a
constructive manner. They do not agree with same sex marriage because
according to them, acceptance is all they need and it can be duly afforded to
them without going beyond the limitations of religion and sanctity of marriage
in the eyes of sacred norms.

On the final note, the survey conducted to the LGBT respondents’ rests
on their clamor to be socially accepted and to be protected against all forms of
discrimination with emphasis on proper accordance to respect they deserve.
From the respondent’s points of view, the problem dwells on socio-cultural
quandary obviously pointing out that norms, standards, religious beliefs and
acceptance which are all within the realms of culture prevails to be their
oppressor. The major contention that LGBT rights are basically human rights
was made more visible on their answers which seeks social acceptance, but
the rights for equality, expression and more are the same rights afforded to
every person.
PRINCESS B. MENDOZA

From everyone’s story we learn, and in everyone’s thought, we

empathize. A famous author once said, “If Harry Potter taught us anything it’s
that no one should live in a closet.” – J.K. Rowling. Generally, in this day
and age, we’re beginning to cope up about the diversities of living. Some may
choose to live up by everyone’s expectations, others are brave enough to
challenge destiny. As we go on with our interaction with the marginalized
sector that we chose, we encounter different stories of coming out, different
dispositions, different battles they had to go through to stand for their rights
and be recognized in this society.

Under the published article of Amelia Kent, LGBT communities

worldwide face great difficulty in obtaining gender equality and claiming their
rightful place in society, but in the Philippines this task is further complicated
by cultural norms and religious ideology. One organization tirelessly working
to support the LGBT community is BISDAK Pride.  BISDAK pride is based
in Cebu City, a vibrant city struggling with modernity.  The charity recruits
gender equality advocates and organize educational discussions to various
communities to help Filipinos understand gender issues while promoting
human rights in the context of HIV/AIDS prevention. Members of Biskdak
Pride view the language as a cultural assertion, but also as a grim reminder
that gays cannot effectively use their mother language to communicate their
feelings and express frustration without fear. The extreme stigma experienced
by those who are openly gay drive many in the Philippines to maintain a
double life by engaging in covert behavior. According to Bisdak Pride these
closeted individuals are more likely to engage in risky behavior increasing
their vulnerability to HIV.

As published by preen.ph, on an article written by Jacqueline Arias

entitled “The status of LGBTQ+ rights in the Philippines so far” which was
published last June 10, 2019, “According to a 2013 survey titled The Global
Divide on Homosexuality by Pew Research Center, our country has a high
public acceptance of homosexuals. It cited that 73 percent of adult Filipinos
agreed that “homosexuality should be accepted by society.” In an ideal
setting, that would be true. But a lot of people, especially those in the
LGBTQ+ community, know that the Philippines is more tolerant than
accepting. In fact, our country ranked 95th in the Spartacus Gay Travel Index
2019, which is meant “to inform travellers about the situation of lesbian, gay,
bisexual, and transgender (LGBT) people in 197 countries and regions.” This
also scored each country based on measures like transgender rights, the
existence of anti-gay laws, and same-sex marriage.”

In issues regarding change of gender, as tackled by preen.ph,

transgender Filipinos aren’t allowed to change their legal gender on their
government documents. In a study conducted by UNDP, it cited that while
some jurisdictions allow this for certain IDs, it isn’t allowed or it’s difficult to
edit one’s birth certificate. Meaning it will still be difficult for a transgender to
obtain documents because they need “to be in harmony with the contents of a
person’s birth certificate.”

It’s also not allowed to change your legal gender even after gender
reassignment surgery. This was ruled after the Mely Silverio Ruling in 2007
wherein a transwoman was denied her right to legally change her name and
sex on her legal documents. The Supreme Court “argued that allowing her to
change her name and gender marker will alter established laws on marriage
and family relations.”

I heard a lot of coming out stories, some are with friends, and others are
from colleagues who are proud to at last be the person that they ever wanted
to be. It’s actually amazing how they fought their battles towards getting
accepted by their families and eventually, by the public. Some succeed to
emphasize that gender does not define ability to create a huge mark in the
society, some may still find it hard to come out due to the fact that there are
some people who remain to neglect the art of embracing change. Based on our
poll, many identified themselves as to what their preference were, while some
also chose not to label themselves as anything. As per defined by Wikipedia,

The LGBT community, LGBTQ community or GLBT community, also

referred to as the gay community, is a loosely defined grouping
of lesbian, gay, bisexual, transgender, LGBT organizations, and subcultures,
united by a common culture and social movements. These communities
generally celebrate pride, diversity, individuality, and sexuality. As to what
type of violence they encountered, most of them answered that they were
often verbally abused. According to an Article written by Danielle Sinay
under teenVogue, “Safe spaces are targets of terrorism, and journalists out
closeted athletes for the sake of good clickbait. It’s no surprise that even now,
in a seemingly progressive age, members of the LGBTQ community fear what
may happen if they come out. Because 85% of LGBTQ students are victims to
verbal harassment on campus, and LGBTQ youth are four times as likely to
attempt suicide than their straight peers. In case you weren't sure, yes,
homophobia and transphobia still exist.”
 Regarding being set as “the last socially acceptable prejudice”, most of
the respondents of the conducted survey are unfamiliar with the term. Hence,
it is probably because such term was technically discussed in United States.
Somehow, I managed to research a paper published by Krystal E. Noga-
Styron, Charles E. Reasons* and Derrick Peacock, which entails an overview
of past and present lesbian, gay, bisexual, and transgender social and criminal
justice within the USA are presented. Also, specific recommendations are
made for the future in an effort to put an end to this last acceptable prejudice.
Hence, as some of us still embrace the nature of tradition, their stand towards
embracing LGBTQ+ community remains to be on the negative side.
On the question of sexual orientation being not a choice to create significant
reduction of prejudice against gay people, I agree to the statement of one
respondent that, “People don’t choose to become ostracized by their families
when they come out to them and get rejected. People don’t choose to get beat
up by the person they like of the same gender as them when they admit they
like them.” It’s not some sort of a phase that someone could just get over
with.
During the series of interviews made, I was definitely struck by one story
which I could actually say that this writing of my personal account was
inspired. I have known him even during our college days, so, he was the first
person that had crossed my mind to be my subject for interview regarding our
chosen topic for our final requirement. Ever since he was a kid, he already
identified himself as gay. Being brought up by his strict father who was a
member of military, they expected him to change his ways. As every striving
child would do, he tried, just to satisfy their wishes. But, indeed, in all other
ways he tried to excel just believing with the fact that if he would excel in all
other things, then maybe, they could accept his preference. As he shared his
story and basically as we were able to witness his struggles just to reach the
expectations of his family, it is definitely not a welcoming society for all.
And in these times, they are also in need of protection. Well, all of them
probably would actually ask one thing, that is, recognition. He then
questioned that “if the purpose of the government is to always look into the
betterment of the public, why are the members of the class being deprived and
silenced?” As a student of Law, I could actually see his point of being
outraged by the system. When I asked him about the unending debate for the
approval of same sex marriage in the country, he answered; “Tradition would
dictate that Philippines is not that open to eventually welcome same sex union
in the country. It has always been the main course of debate and headlines, yet
nothing had materialized. We can never cope up with other developing
countries who manage to legalize same sex union, maybe due to the fact that
since we are taught that marriage shall only be celebrated by a man and a
woman, then the law should not adjust to what the present time cries.”

Hence if this actual interaction teaches me one thing that is their fear is
justified by what the law caters them. Under the discussion of SOGIE BILL,
published by preen.ph, SOGIE is the abbreviation for sexual orientation,
gender identity, and (gender) expression. It’s usually associated with “LGBT”
because, as Be Inclusive explained, “SOGIE refers to characteristics common
to all human beings because everyone has a sexual orientation and a gender
identity. Everyone also expresses their gender, not just lesbian, gay, bisexual
and transgender people.” In the workplace, there still needs to be done
regarding anti-discrimination. A Philippine LGBT Chamber of Commerce
study found that of the 52 Philippine-based companies they surveyed in 2018,
none of them have policies against discrimination based on SOGIE.
According to researcher Paulo Edrosolano, these companies don’t prioritize
SOGIE-inclusive policies because “they think that the needs of the
LGBTQIAP+ employees are not urgent and not prioritized because they
comprise only a small fraction of the company’s workforce.”

Also, as published by preen.ph, “The most controversial response came

from Senate President Tito Sotto, who categorically declared the SOGIE Bill
has “no chance” of passing. He said the bill should be “anti-discrimination on
[all] persons” and claimed it would impede religious and academic freedom,
as well as open doors for same-sex marriage. CIBAC Rep. Eddie Villanueva,
who is also the leader of the Jesus Is Lord Movement, echoed the same
concerns. He said the SOGIE Bill “imperils freedoms of speech and religion”
of Christians like him because it allegedly forces people to conform to the
lifestyles of the LGBTQ+ community.

We could not agree more that everyone should be given equal rights no
matter what gender preference they exhibit. For whoever they choose to love
does not give anyone a right or permission to discriminate them. And gender
does not depict one’s ability to do remarkable deeds in any field or industry.

BRIAN T. SEDANO

“Some say that sexual orientation and gender identity are sensitive
issues. I understand. Like many of my generation, I did not grow up talking
about these issues. But I learned to speak out because lives are at stake, and
because it is our duty under the United Nations Charter and the Universal
Declaration of Human Rights to protect the rights of everyone,
everywhere.” — UN Secretary-General Ban Ki-moon to the Human Rights
Council, 7 March 2012

Gender inequality raises serious issue around the world. Compassion

and sympathy take its course based on sexual orientation and gender identity.
The face of violence and abuse among the members of the Lesbian, Gay,
Bisexual and Transgender (LGBT) community becomes widespread merely
because of who they love, how they look, or who they are. Abuses, torture,
killing, discrimination in health and jobs and housing, domestic violence and
denial of family rights and recognition poses a serious question on whether
these LGBT people are entitled to their basic human rights. Ergo, are LGBT
rights considered human rights?

In Philippine setting, no law was yet to pass by our local legislature

recognizing the rights of the LGBT community. The House of Representative,
however, passed a version of an anti-LGBT discrimination bill where the
Senate version faces stiff opposition from religious groups and conservatives
senators. Given the religious conservatives in the Senate being supported by
the Catholic Church, opposition to any legislation aimed to protect the rights
of the LGBT people which likely happen. Despite absence of a local
legislation, some cities and municipalities are down to implement anti-
discrimination ordinances which prohibit discriminatory acts as denying or
limiting employment-related access; denying access to public programs or
services; refusing admission, expelling or dismissing a person from
educational institutions due to their SOGIE (sexual orientation, gender
identity and expression. The passage of these local ordinances had its fair
share of recognition and opposition. However, the same becomes relevant
because LGBT Filipinos while widely accepted in Philippine society, still face
discrimination.

The question of whether LGBT rights are included under our basic
human rights is slowly taking center stage. The United Nations encourages
respect for human rights and for fundamental freedoms for all without
distinction. Similarly, the Universal Declaration of Human Rights in Article 2
provides that everyone is entitled to all the rights and freedoms set forth in
this Declaration, without distinction of any kind. However, despite all these
provision recognizing their distinct rights, they are discriminated against in
the labor market, in schools and in hospitals, mistreated and disowned by their
own families. They are singled out for physical attack – beaten, sexually
assaulted, tortured and killed.

In order to protect these LGBT people from violence and

discrimination, it does not need a new set of LGBT-specific rights, neither
does it require the establishment of new international human rights standards,
nor a local legislation from the national level. Such protection and recognition
is a legal obligation which is well established in international human rights
law on the basis of the Universal Declaration of Human Rights and
subsequently agreed international human rights treaties. All people, regardless
of sex, sexual orientation or gender identity, are enabled to enjoy the
protections provided for by international human rights law, including in
respect of rights to life, security of person and privacy, the right to be free
from torture, arbitrary arrest and detention, the right to be free from
discrimination and the right to freedom of expression, association and
peaceful assembly.

In an encounter with some LGBT people, some of them narrated that

they experienced physical and verbal abuse in countless ways. There were
people undermining their sense of gender or sexual identity, the limiting or
controlling of access to spaces and networks relevant to coming out and
coming to terms with gender and sexual identity, the abuse they believe they
‘deserve’ because of internalized negative beliefs about themselves and threat
of disclosure of sexual orientation and gender identity to family, friends, or
work colleagues. They were called names, being humiliated, criticized and
belittled.

When asked on whom did they come out first, most of them identified
their friends and parents.  It is rare for someone to come out to everybody all
at once – but instead it is usually based on telling select people first. Who
those select people are will be different for everyone and based on their own
criteria, but it is likely to be people who matter to them. In their criteria, they
consider if that person is open-minded and accepting, or negative and
disapproving. They however consider not telling if that person often say
things about being anti-gay or homophobic. For them, coming out is a process
of understanding, acknowledging and sharing one's gender identity and sexual
orientation with others. It may be quick and easy for some, or longer and more
difficult for others. They start by telling a few close friends or family.
However, the acceptance usually happens gradually. Once they came out,
there can effectively be three outcomes:
1. They can reject what was told to them entirely and it can be a source
of constant warfare;
2. They can continue to accept and love without fully accepting the
issue on sexuality; and
3. They can fully accept you and your sexuality and support the
decisions you have made. 
Many LGBT people try to suppress their feelings to meet societal
expectations, to fit in, or even to avoid upsetting their parents or families.
They are hindered by the thought of being unaccepted, with the fear of
judgment based on their gender orientation, threat of discrimination and by
religious and traditional aspects. There are some who happens to not tell their
parents about their sexual orientation or gender identity because they assumed
that their parents would not be accepting or understanding of this, or they
worried about how it would affect their relationship with them. 

LGBT people who have yet to come out or have opted not to do so are
labelled as closeted or being in the closet. The prevalence of
discrimination and violence against transgender people can make coming out
a risky decision. Fear of retaliatory behavior, such as being removed from the
parental home while underage, is a cause for transgender people to not come
out to their families until they have reached adulthood.11

When asked about the prejudices of their sexual orientation, one

explicitly said that sexual orientation is an enduring emotional, romantic,
sexual or affectional attraction to another person. It can be distinguished from
other aspects of sexuality including biological sex, gender identity (the
psychological sense of being male or female) and the social gender role
(adherence to cultural norms for feminine and masculine behavior). The
question here not whether sexual preference is a choice, but on whether these
people are entitled to choose their engagement. Apparently, despite the
recognition of their rights, they are still being discriminated and mistreated by
the society.

These LGBT people are making their stand in every aspect of the
society, even in the street. As part of recognizing and protecting the rights of
these people, a bill directly c oncerning discrimination against the LGBT
community in the Philippines is the Anti-Discrimination Bill, also known as
the SOGIE Equality Bill. This bill seeks that all persons regardless of sex,
sexual orientation or gender identity be treated the same as everyone else,
wherein conditions do not differ in the privileges granted and the liabilities
enforced. The bill was introduced by Hon. Kaka J. Bag-ao, the District
Representative of the Dinagat Islands, on July 1, 2013.12 The bill has become
one of the slowest-moving bills in the country's history but was however
gained principle support from the President in 2019.

On a parallel line, Philippine jurisprudence disregards religious

opposition to promotion of LGBTI rights, abides by the principle of non-
discrimination, does not consider homosexuality as illegal, and upholds
expressions of homosexuality as a protected constitutional right. In the
definitive case law in the Philippines on LGBTI issues, Ang Ladlad LGBT
Party (Ladlad) v Commission of Elections (COMELEC), the Supreme Court
emphatically ruled: ‘the principle of non-discrimination requires that laws of
general application relating to elections be applied equally to all persons,
regardless of sexual orientation. Although sexual orientation is not

11
 Gay and Lesbian Alliance Against Defamation. "Sassafras Lowrey's Kicked Out Anthology Shares
Stories of LGBTQ Youth Homelessness"Archived 2011-08-04 at the Wayback Machine, "GLAAD", USA,
February 25, 2010. Retrieved 2011-02-25.
12
 Bag-ao, Kaka. House Bill No. 110 Archived November 23, 2015, at the Wayback
Machine Congress.gov. July 1, 2013. Accessed October 23, 2015
specifically enumerated as a status or ratio for discrimination in Article 26 of
the ICCPR, the ICCPR Human Rights Committee has opined that the
reference to “sex” in Article 26 should be construed to include “sexual
orientation”. Additionally, a variety of United Nations bodies have declared
discrimination on the basis of sexual orientation to be prohibited under
various international agreements.

The absence of a comprehensive anti-discrimination law in the

Philippines is apparent even if antidiscrimination bills (ADBs) have been filed
in both the Lower and Upper Houses of Congress since the 1990s. So far,
there are no intentions to pass national anti-discrimination laws that
exclusively seek to protect LGBT people. Instead, the protection of LGBT
people from discrimination is included in proposed laws against
discrimination based on race, ethnicity and religion. Politicians are known to
block these proposed laws because of their inclusion of LGBT people (Manila
Bulletin, 2012)

Even with growing awareness of and about the LGBT community,

various studies still highlight how LGBT Filipinos continue to face
challenges. To start with, many LGBT Filipinos continue to lack information
about numerous concepts on sexual orientation and gender identity, which are
considered to be largely Western-influenced. This is worth highlighting
because many LGBT Filipinos are unfamiliar with the distinctions of the
sectors included in the “LGBT” acronym. (Tan & Castro, 2000).

Given the absence of a national legislation which would aim to protect

the righst of the LGBT, it must be of consideration that that gay rights and
human rights are not distinct. Gay rights are human rights. Despite the high
regard for cultural and religious traditions, these traditions do not undermine
human rights and therefore should not serve as a pretext for denying
fundamental rights to citizens based on sexual orientation or gender identity.

HANNAH PEARL ARAÑEZ QUILANG

Rainbows After a Very Long Rain: The Continuous Fight of the

LGBTQ Community in Hope of a Better and Kinder Tomorrow

Human beings are indeed multifarious, in that, you cannot box them
into preconceived identities, much less confine them into the conventional
identities or personalities set by societal mores especially on the aspects of
sexual orientation and gender identity or the SOGI.
 Delving into the conversation on gender, human awareness has evolved
so much from one that is stringently and extremely conservative male-female-
only perception during the dark or medieval ages into that of liberalistic
sexual orientation and gender identity view. The acceptance of the concept of
female having male feelings and female partner preference or both, a male
having female feelings and male couple preference or both and those who
don’t identify themselves with any of the genders because they are undecided,
has significantly increased that no matter what gender identity you associate
yourself with, who cares you are still human. On that score alone, the respect
and dignity you have in you since conception must be accorded due respect.
SOGI, among other factors when it comes to respecting human rights must be
in the first place out of the equation.

We, however, cannot close our eyes to the reality that up to this day, the
struggle for a genuine gender equality is still alive and kicking. The
discrimination is yet extant up to this day which may consist in apparent
discrimination anywhere and anytime, in the backhanded compliments, in the
subtle yet ill-placed jeers, and even in the subtle yet cunning way of effecting
prejudice against a person based on their SOGI many times in guise of good
faith or worse under cloth of following established legal protocols but in truth
and in fact exercised in bad faith and with abuse of authority. This still-
existing discrimination happens every day worldwide.

Who are these LGBTQ members in the first place? LGBTQ is an

acronym for lesbian, gay, bisexual, transgender and queer or questioning.
These terms are used to describe a person’s sexual orientation or gender
identity. (Gaycenter.org, 2016) A lesbian is a woman whose enduring
physical, romantic, and/or emotional attraction is to other women. Some
lesbians may prefer to identify as gay or as gay women.(Gaycenter.org, 2016)
Gay on the other hand, is the adjective used to describe people whose
enduring physical, romantic, and/or emotional attractions are to people of the
same sex. Sometimes lesbian is the preferred term for women.(Gaycenter.org,
2016) Meanwhile, a person who has the capacity to form enduring physical,
romantic, and/or emotional attractions to those of the same gender or to those
of another gender. People may experience this attraction in differing ways and
degrees over their lifetime. Bisexual people need not have had specific sexual
experiences to be bisexual; in fact, they need not have had any sexual
experience at all to identify as bisexual. (Gaycenter.org, 2016) Transgender is
an umbrella term for people whose gender identity and/or gender expression
differs from what is typically associated with the sex they were assigned at
birth. People under the transgender umbrella may describe themselves using
one or more of a wide variety of terms— including transgender. Many
transgender people are prescribed hormones by their doctors to bring their
bodies into alignment with their gender identity. Some undergo surgery as
well. But not all transgender people can or will take those steps, and a
transgender identity is not dependent upon physical appearance or medical
procedures.(Gaycenter.org, 2016) Whereas, queer is an adjective used by
some people, particularly younger people, whose sexual orientation is not
exclusively heterosexual. Typically, for those who identify as queer, the terms
lesbian, gay, and bisexual are perceived to be too limiting and/or fraught with
cultural connotations they feel don’t apply to them. Some people may use
queer, or more commonly genderqueer, to describe their gender identity
and/or gender expression. Once considered a pejorative term, queer has been
reclaimed by some LGBT people to describe themselves; however, it is not a
universally accepted term even within the LGBT community.(Gaycenter.org,
2016) And Lastly, the Q is questioning. This term describes someone who is
questioning their sexual orientation or gender identity.(Gaycenter.org, 2016)

The Philippines is not a stranger to the springing of the LGBTQ

society. The country has witnessed its origins, its convergence, its advocacies,
and its fight towards true Sexual Orientation and Gender Identity Equality. It
has the same voice since time immemorial—to be accepted and respected, not
merely tolerated; to be treated the same way as straights do in the civil and
political arena; to be left alone and to not be picked upon on the basis of their
SOGIE; to be employed based on merits and to not be expunged from well-
deserved employment on account of their SOGIE; to be given the safe space
all humans deserve but oftentimes dubiously denied to the LGBTQ members
just because they are LGBTQ members; to go around peacefully and to not be
killed; to be treated fairly and to not be discriminated—basically to live just
like straights (usual female and/or male gender identity) do.

Contextualization: LGBTQ members in a Highly Heterosexual

Civil, Political, and Religious Society of the Philippines

On October 11, 2014, a transgender woman was found lifeless

while her body was slumped on the floor in the bathroom of a hotel in
Olongapo City. (Junio, 2014. Adopted from an article, Gender Equality in the
Philippines. Published in 2014.) The accused in her murder who was then
subsequently adjudged guilty beyond reasonable doubt of the crime charged is
the 19-year old US Marine Pfc. Pemberton dispatched in the Philippines under
the Visiting Forces Agreement (VFA) between the Philippines and the United
States. The transwoman, who was identified as Jennifer Laude was killed in
the course of sexual intercourse after the accused discovered that she was not
a biological female. Now, this serves as wake-up call up to the present of the
threats and dangers the LGBTQ community is facing in this country.

The Gender Gap Index which seeks to measure one important

aspect of gender equality through relative gaps between women and men
across four key areas: health, education, economy, and politics, reveals that
Philippines ranks 9th among the 142 countries with high gender equality. This
can be considered a breakthrough; however, this may also indicate a different
implication on the LGBTQ community. (Gender Gap Index, 2014)
 Two notable and historical gay parade or pride march have
already been organized in the country: one in 1994 and one in 2013. These
gathered LGBTQ rights advocates and supporters in Manila to express
solidarity with one another, despite a lot of pressure from the Roman Catholic
Church. It must be taken into consideration that the Philippines is
predominantly Catholic and it abhors same sex relationships and activities.
The parades emphasize the ability of the LBTQ community to rise up from
oppression. (Tamboon, cited in Rappler, 2014) Despite their fight for
acceptance and the fairly recent high rank of the country in terms of gender
equality, the LGBTQ community believes that a lot of work should be done to
fight discrimination. (Junio, 2014) One avenue to be considered is the legal
system and its gender fairness NOT only for women and men, but also for the
LGBTQ community. (Junio, 2014) One significant step however to the
elimination or atleast mitigation of such perceived discrimination is the Anti-
Discrimination Bill filed before the House of Representatives. The bill aims to
eliminate all forms of discrimination which offends the equal protection
clause in the Bill of Rights. (Official Gazette, 2013) According to the
proposed bill, discrimination shall be understood to imply “distinction,
exclusion, restriction, or preference, which is based on any ground such as
sex, sexual orientation, gender identity xxx and which has the purpose or
effect of impairing the recognition by all persons of an equal footing of all
rights and freedoms. (Official Gazette, 2013). The bill is as yet pending due to
equally persistent counter-efforts by opposing sectors from all angles.

LGBTQ MEMBERS: Actual Answers and Interaction on Abuses

and Coming Out

In partial fulfillment of our Juris Doctor course in Human Rights

Law, we have conducted a pep survey via google forms sent to 49 totally
random respondents from scattered places in Cagayan and/or Isabela. The
profiling yields that out of the 49 respondents, six (6) are lesbians, eighteen
(18) are gays, twenty-one (21) are bisexuals, we haven’t encountered a single
transgender, and seven (7) who don’t label themselves as anything.

In terms of being abused in the streets or at home or in any other

places, majority ticked that they are or have been verbally abused, with a
considerable number of those who are experiencing both verbal abuse and
physical abuse, and very few who had never experienced any kind of gender
identity-based abuse. It can be gleaned from the results that it is alarming
based on the answers of the 49 LGBTQ members that gender-based abuse is a
reality at least in accordance with their declarations. In an article by Human
Rights Watch, 2017, LGBTQ members especially students across the
Philippines experience bullying and discrimination in school because of their
sexual orientation and gender identity. While Philippine law provides
protections against discrimination and exclusion in schools, lawmakers and
school administrators need to take steps to ensure they are fully implemented.
(Human Rights Watch, 2017)
 On the question, to who did you come out first, most of the
respondents revealed that they came out as LGBTQ member to their friends.
A moderate number to their family members (mother, father, brother/s,
sister/s etc.) A little told that they never came out to anybody. Coming out as
LGBTQ member is never easy for so many reasons. One of which is that the
hate crime towards LGBTQ remains prevalent albeit advocacies, rallies, and
even legislations from all sides. The hostility of the society for not being
conventional, for not being the the usual straight ones, might as well take into
account that Philippines a predominantly Christian nation where
homosexuality, bisexuality, pansexuality, transsexuality, and gender-fluidity
is largely admonished because of being violative of established religious
dogmas and social customs, continue to bar the freedom of identifying oneself
without being backlashed. Research discloses that part of the problem is that
we live in a world where everyone is presumed to be heterosexual/straight –
and as a society we still like to think that everyone fits comfortably into a
male or female gender category. But the reality is clearly quite different –
with a recent survey across the globe revealing that 49% of people aged
between 18 and 24 identify as something other than 100% heterosexual. (The
Conversation, (2016)
But although the number of people identifying as something other than
totally heterosexual is on the rise, it is still difficult for many people to
identify fully as LGBT. This is because on top of the potential cruelty or
bullying an LGBT person might face, they also have to work out when the
right time might be to tell someone they are not heterosexual or that they have
a different gender. And this can mean that coming out is not a onetime only
event. (The Conversation, 2016)

So whether it’s disclosing your sexuality to colleagues at a new

workplace, explaining to a school that your daughter has two dads, or talking
to your son about how his mum was born a man, coming out can often be a
regular exercise for many LGBT people. (The Conversation, 2016)

Perhaps, with education, awareness, the passage of the SOGIE law and
its faithful implementation, at some time in the future, abuses against LGBT
members and coming out would not even be a thing, because all sexualities
and gender identities will be celebrated as normal and natural.
FLORIDA B. SORIANO

LGBT is an acronym that stands for lesbian, gay, bisexual, and

transgender. It should be noted that the LGBT label is sometimes considered
limited, and is not always considered to cover the full spectrum of minority
sexual orientations, gender identities and/ or intersex status. Others do not
openly identify because of the prevalence of discrimination against LGBT
individuals in many countries and societies, which often extends to criminal
sanctions. Younger children typically do not have a clear view of their own
sexuality or gender identity, even if others perceive them in certain ways.

Historically, lesbians, gay men, bisexual individuals, and transgender

people have not been understood and accepted as part of the normal spectrum
of the human condition. Instead, they have been stereotyped as deviants.
Although LGBT people share with the rest of society the full range of health
risks, they also face a profound and poorly understood set of additional health
risks due largely to social stigma.

Fear of rejection and discrimination are the major reasons that

restricts them from coming out as a member of the LGBTQ based from the
result of our survey. I have plenty of friends that are part of the LGBTQ and
sometimes I even witness how they are discriminated. It pains me to see how
poorly they are treated and how they are frowned upon by the society. They
have feelings too just different preference.

All persons should be able to attend school and live in communities that
are safe and inclusive; free from bullying, discrimination, harassment and
intimidation. Unfortunately, the lack of awareness and understanding of issues
facing LGBTQ, has contributed to a higher rate of bullying, isolation,
depression, and suicidal thoughts or attempts. Exclusion and lack of support
create environments that are not affirming or safe, and can have negative
impacts on LGBTQ, including: lower grade point averages, decreased school
attendance, increased dropout rates, increased victimization, increased rates of
drug, alcohol and tobacco use and abuse, poor self-esteem that can impede
social emotional development, and deterrence from higher education or career
goals.

Every one, irrespective of their actual or perceived sexual orientation or

gender identity, have the right to a safe and healthy environment that is free
from discrimination. The same principle applies to all persons irrespective of
their parents’ sexual orientation or gender identity. Similarly, no person
should be denied any of their universal human rights, freedoms and basic
opportunities. In all regions of the world, persons who are lesbian, gay,
bisexual, transgender (LGBT) — or otherwise perceived to have different
sexualities or gender identities than the norm — often suffer discrimination,
intimidation, harassment and violence. Similar patterns of human rights
abuses can be found against children whose parents are perceived to be
LGBT. Too often, when real or perceived sexual orientation or gender identity
does not conform to social norms, vulnerabilities increase. These include
being exposed to discrimination at school, in hospitals and in many other
settings; to abandonment and rejection by family, community or society; to
forced marriage; to hate motivated violence, including murder; and to
increased health risks owing to lack of access to appropriate life-skills
education and health services. While the numbers of countries are changing,
many countries still have laws that subject their citizens to criminal penalties
linked to homosexuality. Such laws not only undermine human rights — they
can also fuel discrimination, stigma, and even violence against people on the
basis of their perceived sexual orientation and gender identities.

Positive social norms that recognize and welcome diversity in cultures

around the world should be reinforced to include the recognition, protection
and promotion of the human rights of all people, regardless of real or
perceived sexual orientation or gender identity. Abuse based on real or
perceived sexual orientation or gender identity should not be tolerated. All
measures to protect LGBTs and should be enforced in a manner that truly is in
their best interest, and does not simply silence the victim or drive the
discussion underground.

On the side note, there are grounds for optimism: over the past decades,
many countries have moved to strengthen laws to combat discrimination
against individuals based on their sexual orientation and gender identity —
tightening anti-discrimination legislation, including anti-LGBT actions within
the scope of hate crimes where such legislation exists, and sensitizing public
opinion.
 It's also about time that mainstream media and those privileged within
it, understand that LGBT+ people are not an exhibition they can exploit for
money. Coupled with anti-harassment and anti-bullying policies that
specifically protect sexual orientation and/or gender identity and gender
expression, LGBTs experience lower levels of bullying, decreased incidents
of harassment, increased teacher/staff intervention, and a greater reporting of
incidents. They are people and they deserve as much respect and
representation as everyone else.

Quoting Secretary- General Ban Ki-moon: “Let me say this loud and
clear: lesbian, gay, bi-sexual and transgender people are all entitled to the
same rights as everyone else. They too are born free and equal and I stand
shoulder-to-shoulder with them in their struggle for human rights.”
CONCLUSION

All anybody is trying to do is live their lives and be given the service,
be treated with respect as anyone else is treated. All we want is equality.
–Petra E., Biloxi, MS, October 4, 2017

To live by our chosen identities and sexual orientation subject of course

to the implied and inherent moderation of the fundamental tenets of basic
human decency is one of the deepest expressions of our freedom. This adage
is timeless: We can extend our arms however lengthy we want but the
extension ends where the others’ nose or arm begins. We can express
ourselves as free as the waves of the sea but not crossing the lines of the
foreshores of universal justice to which we are all held accountable and
checked.

Conversely, to be a lesbian, gay, bisexual, transgender, queer,

pansexual, asexual, non-binary, and so forth is one of the basic rights afforded
to each of us just like the decision of identifying yourself as a straight male or
female is just as a basic right. Identifying yourself and abiding by your chosen
sexuality not to the damage and prejudice of others is no felony just as being
straight is not a crime.

But to discriminate others and to inordinately ostracize others because

of their SOGI are definitely offenses that can be and should be a basis of
lawful civil vindication and if amounting to crime, of punishment. After all
we are under the encompassing cloth of the rule of law and each of us is
afforded the protection against discrimination and possible abuse regardless of
our sexual orientation and gender identity.

Truly, one may say that we are in a country of predominantly Christian

religion and to live as LGBTQ member in this country, a pride member runs
the risk of being constantly differentiated. This mentality and culture should
however stop because in as much as freedom to religion is a right, right to
self-determination is also a human right. Moreover, not everybody renders
fidelity in a certain religion. Concomitantly, the right to associate oneself in
one religion has an auxiliary right of not associating with one. Consequently,
the logic of constantly lambasting a gay’s morality or moral compass for
example with religious dogmas and precepts does not really come across
logically. Simply because not everybody is religiously inclined. The
arrangement should be plain and simple: leave each one to worship in
accordance with his niceties and believe what he wants to. Let the LGBTQ
members do what they want, believe what they want, worship however they
want, and love who they want. And the better rule should be this: the gauge of
morality must not be religious. It must be secular or public.

Over the past decade, lesbian, gay, bisexual, and transgender (LGBT)
people have made significant legal and political gains all over the world
including the freedom to marry. Despite this progress, many laws in the
different countries does not expressly prohibit discrimination based on sexual
orientation and gender identity in fields like employment, housing, and access
to services. (HW ORG, 2018)

Precisely, without these protections, LGBT people across the

Philippines lack clear recourse and redress when they are fired, evicted, or
refused service because of their sexual orientation or gender identity.

The SOGIE Bill indeed is a milestone if signed into law for the LGBT
members of the country. What is interesting is that, if you read the bill in its
entirety, it guarantees protection not only to the LGBT people but also to the
straight ones. Because being straight is also a sexual orientation and gender
identity. The SOGIE Bill, contrary to what many are catapulting, is not the
LGBTs asking for too much recognition. It is just a step towards at least
freeing country from historical discrimination and abuse on the basis of sex,
sexuality, and gender identity.
REFERENCES:

 Bag-ao, Kaka. House Bill No. 110 Archived November 23, 2015, at the
Wayback Machine Congress.gov. July 1, 2013. Accessed October 23,
2015
 Discrimination Against LGBT Students in the Philippines, (2017)
HRW.org/report: “Just Let Us Be”
 Gay and Lesbian Alliance Against Defamation. "Sassafras Lowrey's
Kicked Out Anthology Shares Stories of LGBTQ Youth
Homelessness"Archived 2011-08-04 at the Wayback Machine,
"GLAAD", USA, February 25, 2010. Retrieved 2011-02-25.
 http://www.ehe-gleich.at/pdf/UNICEF.pdf
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November 01, 2020
 https://cesj.as.uky.edu/sites/default/files/CESJ%20Position%20Paper
%202%20-%20LGBT%20-%20Riggle.pdf
 https://newsinfo.inquirer.net/1229646/fwd-huwag-tayong-hypocrite-
push-for-sogie-bill-continues-in-house. Accessed November 01, 2020
 https://newsinfo.inquirer.net/1353994/manila-signs-ordinance-to-
protect-rights-of-lgbtq-community. Accessed November 01, 2020
 https://pages.upd.edu.ph/ejmanalastas/policies-ordinances. Accessed
November 01, 2020.
 https://www.adolescenthealth.org/SAHM_Main/media/Advocacy/Positi
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 https://www.angloinfo.com/how-to/philippines/manila/family/lgbt/lgbt-
organizations-in-metro-manila. Accessed November 01, 2020
 https://www.rappler.com/nation/filipinos-acceptance-homosexuality-
2019-pew-research-report. Accessed November 01, 2020
 International Gay and Lesbian Human Rights Commission
(IGLHRC)
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Report. Bangkok

DOCUMENTATION
 Human Rights Law student Brian T. Sedano conducts an online
interview and survey through google forms with Mr. Karl Leovid
Gannaban and Mr. Christian Florald P. Morco regarding their
perspective on the effect of laws and culture on the LGBT
community. Said interview was part of the research paper for the
Human Rights Law subject of the UCV College of Law.

Ms. Florida Soriano conducted an online survey using google forms with
Mr. Mayer Jeph Achanzar and Mr. Joseph Kevin Tabugay. She assisted them
in answering the form.
SCREENSHOTS OF THE FORM WE USED FOR THE SURVEY: