Lawmaker files bill to punish discrimination vs gays, lesbians

MANILA, Philippines –  Rep. Teddy Casiño of the party-list group Bayan Muna is pushing for the approval of a bill penalizing discrimination against lesbians, gays, bisexuals and transgender (LGBTs).

He filed House Bill 1483, known as the “Anti-Discrimination Act of 2010,” which defines discrimination on the basis of sexual orientation and gender identity and imposes penalties against such bias.

He said prejudicial practices and policies – mostly unstated and unwritten, based on sexual orientation and gender identity – severely limit the exercise and enjoyment of the basic rights and fundamental freedoms in schools, workplaces, commercial establishments, the civil service, and even the security services.

“LGBT students are denied admission or expelled from schools due to their sexual orientation or gender identity. Companies block the promotions and stymie the career advancement of gay or lesbians employees due to the deeply embedded notion that homosexuality denotes weakness. Laws such as the anti-vagrancy law are also used by law enforcers to harass gay men,” he said.

Under the bill, those who discriminate against LGBTs would pay fines ranging from P250,000 to P500,000, face imprisonment of up to six years, or both at the discretion of the court.

The bill defines discriminatory practices as denying access to public service, among others, including military service, to any person on the basis of sexual orientation or gender identity.

Discriminatory practices also include disclosure of sexual orientation in the criteria for hiring, promotion and the dismissal of workers, as well as in the determination of employee compensation, training, incentives, privileges, benefits or allowances, and other terms and conditions of employment.

Refusing admission or expelling a person from educational institutions on the basis of sexual orientation and gender identity, without prejudice to the right of educational institutions to determine the academic qualifications of their students, also constitutes discrimination against LGBTs, according to the bill.

“It is imperative that we define and penalize practices that discriminate against LGBTs. It should be noted that the list is not exhaustive as it focuses only on the most blatant instances of discrimination. Instances of discrimination of similar nature should be deemed included among the prohibited practices by analogy,” Casiño said.