Filipinos for Life, Family, and God, Inc. (Filipinos for Life), an organization whose members promote traditional Filipino family and cultural values and advance the culture of life and the sanctity of marriage and family, expresses grave concern over the bill filed in substitution for HB267 known as An Act Prohibiting Discrimination on the Basis of Sexual Orientation or Gender Identity (SOGI), Providing Penalties Therefor and for Other Purposes.
- (Section 2) There is no binding international law obligation relating specifically to sexual orientation or gender identity, or as to that designated as LGBT (i.e., lesbian, gay, bisexual, transgender) rights.
Certainly no written international instrument that expressly mentions sexual orientation or gender identity rights constituting a binding international obligation have been entered into at the international level.
In fact, almost 100 members states of the United Nations reject or do not support what are presented as LGBT rights, and 78 states have statutes criminalizing homosexual relations.1
- Identity of those intended to be protected by this bill cannot firmly be established since the bill relies only on the perceived claims of the complainant.
(Sections 3b and 3c) Sexual orientation and gender identity are highly subjective. There is no way for one to determine definitively and objectively the gender identity or sexual orientation of a person before him (and in fact, such determination without the person’s approval is prohibited under section 4h of this bill). And unlike race, these are not permanent, with numerous cases of individuals who have changed their orientation and/or identity, making sexual orientation something not intrinsic to a person’s identity.
Longitudinal studies of adolescents suggest that sexual orientation may be quite fluid over the life course for some people, with one study estimating that as many as 80% of male adolescents who report same-sex attractions no longer do so as adults.
The hypothesis that gender identity is an innate, fixed property of human beings that is independent of biological sex—that a person might be a man trapped in a woman’s body or a woman trapped in a man’s body͟—is not supported by scientific evidence. 2
This is significant because in order for this draft penal law to be effective it must be able to: a) identify properly those covered by the protections it offers; and b) capable of being implemented by the police or judicial system in terms of evidence.
(Section 4h) Courts hearing a case involving discrimination could not compel the determination or verification via medical or psychological examination of a person’s sexual orientation or gender identity, even though relevant to a case being tried, and will simply have to accept the word of the party involved. The same would be true of medical establishments that could be forbidden from treating a patient.
- Section 4, and in fact, the entire bill, does not allow for any situations where defining of a specific sex is appropriate, thus government will be targeting and infringing on:
- (4a, c, & d) Religious institutions, schools, and organizationswhose precepts do not condone LGBT practices, may be forced to hire practicing LGBT applicants and allow the establishment of LGBT organizations within their institutions, and will be prohibited from imposing sanctions on employees or members for overtly practicing homosexual/bisexual acts, thus infringing on the freedom of religion of the members of these religious institutions/organizations
- (4b) Single-sex education (girls/boys schools)will now be forced to accept opposite-sex students who identify as the gender of the school’s population. It distorts and puts at a disadvantage schools for instance sports activities when certain athletes that fall under the female category will be forced to allow female-identifying men to compete in the category.