LGBT RIGHTS
IS IT BETTER TO SAY LGBT, LGBT+, LGBTQ, LGBTI, LGBTQIA OR ANOTHER TERM?
What do all the letters mean?
L: Lesbians are women primarily attracted romantically or sexually to other women.
G: Gay most often refers to men attracted to other men.
B: Bisexual people are physically or emotionally attracted to both men and women or to people
regardless of gender.
T: Transgender are umbrella terms for people who don’t feel they are the gender they were assigned at
birth.
Q: The letter Q stands for both ‘queer’ and ‘questioning’. Queer means all LGBT+ people. Meanwhile
‘questioning’ people are those still exploring their gender identity, gender expression or sexual
orientation.
I: Intersex people are born with reproductive or sexual anatomy and/or a chromosome pattern that isn’t
firmly male or female.
A: A stands for both allies and asexual. Allies are straight (eg not LGB). Asexual are people who do not
experience sexual attraction to anyone, or sometimes low levels of sexual attraction.
+: The plus sign has been added to the end of the LGBT initialize to stand for all the other identities
within our community.
In too many countries, being lesbian, gay, bisexual, transgender or intersex (LGBTI) means living with
daily discrimination. This discrimination could be based on your sexual orientation; gender identity;
gender expression or sex characteristics (for example, your genitals, chromosomes, reproductive organs,
or hormone levels.)
From name-calling and bullying, to being denied a job or appropriate healthcare, the range of unequal
treatment faced is extensive and damaging. It can also be life-threatening.
In all too many cases, LGBTI people are harassed in the streets, beaten up and sometimes killed, simply
because of who they are. A spate of violence against trans people has claimed the lives of at least 369
individuals between October 2017 and September 2018. Many intersex people around the world are
forced to undergo dangerous, invasive and completely unnecessary surgeries that can cause life-long
physical and psychological side effects.
Same-sex sexual activity is a crime in 70 countries, and can get you a death sentence in nine countries,
including Iran, Saudi Arabia, Sudan and Yemen. And even where these restrictive laws are not actually
enforced, their very existence reinforces prejudice against LGBTI people, leaving them feeling like they
have no protection against harassment, blackmail and violence.
How are people tackling this discrimination?
LGBTI advocates have overcome enormous challenges and risks to their own personal safety to call out
abuses of the human rights of LGBTI people, and force changes to laws that discriminate against them.
From the introduction of the concept of Pride and global recognition days like the International Day
against Homophobia, Transphobia and Biphobia (also known as IDAHOTB), LGBTI people are forging
alliances and promoting pride in who they are worldwide. The collective efforts of activist organizations
around the world has paid real dividends.
10 Best Countries for LGBTQ Expats
1. Norway- legalized same-sex marriage in 2009, became the first country to enact anti-discrimination
protections based on sexual orientation in 1981.
2. South Africa became the first country in Africa to legalize same-sex marriage.
3. Nearly 90 percent of Spain's citizens believe lesbian and gay people should be accepted, according to
Pew Research Center, and Gallup has Spain tied with the Netherlands as the number one country for gay
people.
4. Sweden comes in at #8 on both Gallup's list of "Top Places for Gay People to Live" and HSBC's list of
best countries for expats.
5. Uruguay- is one of South America's most LGBTQ-friendly countries, and it is ranked among
Gallup's best countries in the world for gays and lesbians.
6. Iceland, which legalized same-sex marriage back in 2010, was recently ranked as the happiest country
for gay men.
7. In 2015, Ireland became the first country in the world to legalize same-sex marriage by popular vote,
and it also has stringent protections against LGBTQ discrimination.
8. Luxembourg- legalized same-sex marriage in 2014, and its prime minister, Xavier Bettel, became the
first European leader to marry a same-sex partner while in office.
9. New Zealand- is currently considered the second best country in the world for expats, according to
HSBC, and same-sex marriage and adoption by same-sex parents were both legalized in 2013.
10. The Netherlands is considered the most gay-friendly country in the world, according to Gallup, and it
was also the first country in the world to legalize same-sex marriage in 2000.
The State of LGBTQ Rights in Asia
EAST ASIA
Taiwan In May 2019, Taiwan became the first country in Asia to legalize gay marriage, but it only
approved unions between citizens of countries where same-sex marriages are legal.
Japan does not recognize same-sex marriage. However, a number of local municipalities recognize
same-sex couples’ rights as “equivalent to marriage.” Transgender people under certain conditions may
also request a change of gender in the state family registry.
SOUTH ASIA
Nepal’s Supreme Court ruled in 2008 that LGBTQ persons would be regarded as “natural persons” under
the law. The country’s constitution specifically says that the state shall not discriminate against “sexual
minorities.”
Bangladesh criminalizes same-sex sexual activity: punishment could include life in prison, and only
applies to penetrative sex between gay men. There is an express ban on gay people serving in the
military.
SOUTHEAST ASIA
In Myanmar, same-sex intercourse can result in a prison term of up to 10 years. There are no laws
protecting the right to marry or the right to not be discriminated against.
Philippines, a strong Catholic population has been able to forestall legislation that would protect same-
sex couples
A HISTORY OF LGBT ADVOCACY IN THE PHILIPPINES
Early Days
Gender non-conformity in the Philippines pre-dates the arrival of the Spaniards in 1521. Reportedly,
from Spanish accounts of encounters between conquistadores and the archipelago’s original
inhabitants, crossing gender and transvestism were cultural, exemplified by the babaylan. Also called
bayoguin, bayok, agi-ngin, asog, bido, binabae (Garcia, 2004), balian, balean, babay and balayan
(Melencio, 2013), the babaylan was a spiritual leader, akin to a religious functionary, ancient priestess or
shaman in the English-speaking world. While the word babaylan is said to connote a woman, there were
also male babaylans – for example the asog of the Bisayan society during the 17th century – who not
only put on women’s clothing but also pretended to be women so that the spirits listened to their
prayers.
These men, however, did not only wear the customary clothes of women as well as assumed the
demeanor of women, but were also granted social and symbolic recognition as “somewhat-women”.
Some were even “married” to men, with whom they had sexual relations (Garcia, 2004). While they
were accepted and even revered by pre-colonial societies, to the Spanish, the babaylans were not only
bewildering but also threatening because of their powerful positions. The babaylan eventually
disappeared with the Spanish colonization of the Philippines. From then, the history of the Philippines
went largely quiet about the Filipinos who do not conform to conventional sexual orientation or gender
identity.
LGBT RIGHTS IN THE PHILIPPINES
As a member of the UN, the Philippines is signatory to various international covenants promoting
human rights. Thus, and as stated in the 1987 Philippine Constitution (Article 2 Section 11, and Article 3
Section 1), the Philippines has committed itself to upholding the dignity, equality and human rights of all
persons. However, the Permanent Representative of the Philippines to the UN did not support the June
2011 Joint Statement at the UN Human Rights Council urging States to end violence, criminal sanctions
and related human rights violations based on SOGI; and the Joint Statement and the December 2010 UN
General Assembly resolution that included protection for LGBT people from extrajudicial executions and
other unlawful killings based on sexual orientation (R-Rights & PLHCW, 2011).
LAWS
There are a number of laws that mention sexual orientation (i.e. Magna Carta of Women , Magna Carta
for Public Social Workers ) or address same-sex relations (i.e. the Anti-Rape Law of 1997 that covers
same-sex relations in defining sexual assault). For example, Article 46 of the Family Code that went into
effect in 1987 mentions homosexuality/lesbianism as a ground for annulling marriages, along with
alcoholism and drug addiction. Another law that affects the LGBT Filipinos, the Republic Act (RA) 9262
(Anti-Violence Against Women and Their Children Act) punishes violence in intimate relations including
those where both parties are women (R-Rights & PLHCW, 2011).
In the absence of national legislation, some ordinances in local government units (LGUs) mandate
protection from discrimination on the basis of SOGI. Quezon City passed an ordinance banning
employment-related discrimination in 2003, while anti-discrimination ordinances (ADOs) were passed in
the cities of Angeles, Cebu, Bacolod and Davao.
Policies
Policies that promote the rights of LGBT people include the Civil Service Commission’s (CSC) Office
Memorandum 29-2010 that forbids discrimination against LGBT people who are applying for civil service
examinations (Ocampo, 2011). The CSC also has the Revised Policies on Merit Promotion Plan that
inhibits discrimination in the selection of employees based on various criteria including gender
(Ocampo, 2011).
CULTURAL AND SOCIAL ATTITUDES
Filipinos claiming that LGBT Filipinos are tolerated only if they fit stereotypes. For Tan (2001),
“‘acceptance’ is conditional as long as the bakla remain confined to certain occupational niches and
fulfill certain stereotypes.” Garcia (2004) added that “when visitors to the Philippines remark that
Filipinos openly tolerate and/or accept homosexuality, they invariably have in mind effeminate, cross-
dressing men (bakla) swishing down streets and squealing on television programmed with flaming
impunity.
Religion
the 1987 Philippine Constitution guarantees freedom of religion, and the separation of Church and
State, the effects of religion on the treatment of LGBT Filipinos continue to be apparent. Over 80
percent of the Philippine population is Roman Catholic, with an additional nine percent belonging to
Protestant churches.
In August 2013, CBCO Executive Fr. Melvin Castro stressed that the Church’s position on homosexuality
is to fully embrace gays and lesbians, but same-sex relationships and same-sex unions are unacceptable.
At the same time, the Media Office of the Catholic Bishops Conference of the Philippines note that the
“church won’t tolerate same-sex marriage”; it believes that being LGBT is a choice and that it could be
changed.
An anti-discrimination bill, popularly known as SOGIE (Sexual Orientation, Gender Identity and
Expression) Equality Bill, failed to hurdle the 17th Congress. It could have been a historic milestone in
the country's journey towards equality.
The proposed measure was unanimously approved by members of the House of Representatives in
2017. The House version of the bill penalizes those who commit discriminatory acts against LGBTQ+
Filipinos: a fine of not less than ₱100,000 but not more than ₱500,000, or imprisonment of not less than
one year but not more than six years or both, depending on the court's decision.
The bill's counterpart in the Senate, however, was stuck at the plenary.
The higher chamber's version was first filed on August 11, 2016 and sponsored by Senator Risa
Hontiveros in December of the same year. Since then, the bill has undergone six interpellations and five
inquiries at committee and plenary levels. In August 8, 2018, Hontiveros along with four other senators
—Loren Legarda, Ralph Recto, Franklin Drilon, and Juan Miguel Zubiri—expressed support for the
passage of the measure. Conservative senators Manny Pacquiao, Joel Villanueva, as well as Senate
President Tito Sotto, expressed opposition to the measure and has since remained in the freezer.
Recommendations and Actions The 2013 Philippine National LGBT Community Dialogue allowed leaders
from various LGBT organizations from all over the country to provide recommendations related to LGBT
human rights. The three primary recommendations for the LGBT community in the Philippines are:
To develop a common conceptual framework and approach for SOGI advocacy
To include minorities within the LGBT community in this process, including people with disabilities,
seniors and indigenous peoples
To conduct further research on issues of concern and the needs of the Filipino LGBT community covering
the thematic areas (i.e. education, health, employment, family affairs, community, religion, media, and
political affairs). If there is existing research, this should be made available to LGBT Filipinos.
Same-sex marriage became legal in Taiwan on May 24, a week after its parliament passed a bill offering
similar protections of marriage to heterosexuals.
But gay people could only marry foreigners from a country where same-sex marriage is also legal, and
adopt children biologically related to at least one of them.
Long seen as a beacon of liberalism in Asia, Taiwan became the first place in the region to allow gay
marriage, although the move faced stiff opposition and divided the self-ruled island.
More than 3,500 gay couples have married since last year, official figures show. About 1,000 more could
not due to restrictions on foreigners, LGBT+ groups estimate.
While the changes also cover Hong Kong and Macau, the exception to the rule is mainland China.
Bill and Law
The Equality Act is a bill in the United States Congress, that, if passed, would amend the Civil Rights Act
of 1964 (including titles II, III, IV, VI, VII, and IX) to prohibit discrimination on the basis of sex, sexual
orientation and gender identity in employment, housing, public accommodations, education, federally
funded programs, credit, and jury service.
The SOGIE Equality Bill is meant to fulfill the rights set forth in the 1987 constitution, particularly the
equal protection clause. It recognizes the LGBTQ++ as equals and ensures that their rights are protected
inasmuch as everyone’s is. The bill also acknowledges the Philippines duties under international law
particularly the Universal Declaration of Human Rights and the International Covenant on Civil and
Political Rights. It thus recognizes the non-discrimination of the LGBTQ++ as both a national and
international duty.
The Marriage (Same Sex Couples) Act makes the marriage of same sex couples lawful in England and
Wales, while protecting and promoting religious freedom. The Government believes that opening up
marriage to all couples demonstrates society’s respect for all individuals, regardless of their sexuality,
making our society fairer and more inclusive for all its members. This change strengthens the vital
institution of marriage and ensures that it remains an essential building block of modern society. The
Marriage (Same Sex Couples) Act 2013, was passed on 17 July 2013, and the first marriages of same sex
couples took place on Saturday 29 March 2014.
