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SOGIE AND THE CHURCH

As I write this, the SOGIE Bill (an act prohibiting discrimination on the basis of sexual orientation and gender identity or expression) is being discussed in the Senate. Not wanting to make a kneejerk reaction, I looked it up to see what the bill wants to legalize with a threat of monetary penalty or jail time for the violators. As much as I support the halt of harassment and discrimination of the members of the LGBTQ+ community, I wonder about the implications on the church or any other house of faith that has strong convictions about the lifestyle. Below are the articles that I think will have a profound impact on how ministry will be conducted. I am not a political scientist, social scientist, sociologist, or a lawyer but what I am is a concerned citizen but more importantly, a concerned believer.  If I misunderstood any, my apologies.

First off, the bill defines what it means by discrimination.

Sec. 3a. Discrimination - refers to any distinction, exclusion, restriction, or preference based on the grounds of sex, sexual orientation, gender identity or expression, hereinafter referred to as “SOGIE”, and has the purpose or effect of nullifying or impairing the recognition, access to, enjoyment, or exercise by all persons on an equal footing of all rights and freedoms.

I understand this to mean as anything that tries to stop them from being themselves.

Sec. 3b. Gender Expression - refers to the outward manifestations of the cultural traits that enable a person to identify as male or female according to patterns that, at a particular moment in history, a given society defines as gender appropriate.

I understand this to mean as recognizing the gender that the community member has chosen to adopt which chances are, is different from the one indicated in the birth certificate. 

Sec. 3d. Profiling - refers to subjecting a person or group of persons to investigatory activities, which include unnecessary, unjustified, illegal, and degrading searches, or other investigatory activities, in determining whether an individual is engaged in an activity presumed to be unlawful, immoral or socially unacceptable.

So let’s say, a wife comes to a pastor asking for help as her husband is involved with another man. Does this mean the church is prohibited by law to substantiate or disprove the allegation because the husband might deem it “unnecessary, unjustified, illegal, and degrading?”

If the church is concerned that one of its members is presumed to be doing something “unlawful, immoral or socially unacceptable,” then why must it be stopped by law from righting a wrong?

Sec. 5 Discriminatory Practices. - It shall be unlawful for any person, natural or juridical, to:

Sec. 5b. Include SOGIE, as well as the disclosure of sexual orientation, in the criteria for hiring, promotion, transfer, designation, work assignment, reassignment, dismissal of workers, and other human resource movement and action, performance review and in the determination of employee compensation, career development opportunities, training, and other learning and development interventions, incentives, privileges, benefits or allowances, and other terms and conditions of employment:

Does this mean the church can no longer refuse a job applicant or dismiss a worker because his/her lifestyle goes against its beliefs? Will the bill now take the place of the Bible? Is it now to occupy a more significant place than God’s Word?

Any person who commits any discriminatory practice described in Section 9 5(b), 5(c), 5(f), 5(i), and 5(j) shall, upon conviction, be penalized by a fine of not less than Two Hundred Fifty Thousand Pesos (P250,000) but not more than Five Hundred Thousand Pesos (P500,000) or imprisonment of not less than six (6) years but not more than twelve (12) years, subject to the discretion of the court.

Who will be imprisoned? The pastor?

Sec. 9d. The Commission on Human Rights (CHR) shall investigate and recommend the filing of a complaint against any person/s violating this Act. If the Commission has reasonable cause to believe that any person or group of persons is committing acts penalized under Section 5 of this Act, the Commission shall recommend a legal action in the appropriate prosecutor's office or court. The CHR shall also direct the officer concerned to take appropriate action against a public officer or employee at fault or who neglects to perform an act or discharge a duty required under this Act, and recommend the revocation of license, removal from office or employment, suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith. Refusal by any officer without just cause to comply with an order of the Commission to revoke the licence, remove, suspend, demote, fine, censure, or prosecute an officer or employee who is at fault, or who neglects to perform an act or discharge a duty required under this Act, shall be a ground for disciplinary action against said officer.

What about the church’s human right? “Freedom of religion or freedom of worship is a basic human right that an individual or community has the right to manifest religion or belief in teaching, practice, worship and observance. The Philippine Constitution states in Article III, Section 5: No law shall be made respecting an establishment of religion or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.” Is the bill saying that some rights are more right than others?

“There is a rainbow wave coming," expressed the bill’s author. No, senator. The rainbow has been with us since the days of Noah, given by God, the author of the Bible from which the church gets its cue. It is the symbol of His promise that never again will God wipe out life from the face of the earth “even though every inclination of the human heart is evil from childhood.” (Gen 8:21, NIV) The church must not and will not be discriminated upon by a wave.

And like the rainbow, freedom of religion has been around for more than 110 years and “shall forever be allowed.” It must not be stifled and suppressed in favor of a new law which I truly believe has the best of intentions. But the good senator and all its proponents forget, the church is here and has always been here to minister to the people it seeks to protect. “Lumapit kayo sa akin, kayong lahat na nahihirapan at lubhang nabibigatan sa inyong pasanin, at kayo'y bibigyan ko ng kapahingahan.” (Mateo 11:28, Magandang Balita Biblia) 

Author

Elizabeth Ong

Elizabeth Ong is an author, lecturer, an app creator, and a businesswoman. She has a master's degree in Biblical Studies from Asian Theological Seminary.