LGBT rights in the Philippines

Precolonial period

The babaylan, also called katalonan, bayoguin, bayok, agi-ngin, asog, bido and binabae depending on the ethnic group of the region, held important positions in the community. They were the spiritual leaders of the Filipino communities, tasked with responsibilities pertaining to rituals, agriculture, science, medicine, literature and other forms of knowledge that the community needed. In the absence of a datu, the babaylan could take charge of the whole community.

The role of the babaylan was mostly associated with females, but male babaylans also existed. Early historical accounts record the existence of male babaylans that wore female clothes and took the demeanor of a woman. Anatomy was not the only basis for gender. Being male or female was based primarily on occupation, appearance, actions and sexuality. A male babaylan could partake in romantic and sexual relations with other men without being judged by society.

Precolonial society accepted gender-crossing and transvestism as part of their culture. Rituals and trances performed by the babaylan mirrored the reunification of the opposites, the male and female. They believed that by doing this they would be able to exhibit spiritual potency, which would be used for healing spiritual brokenness. Outside this task, male babaylans sometimes indulged in homosexual relations.

During the "islamisation" of Mindanao and other areas in the country, barangays and states influenced by Islam expelled the belief of homosexual acceptance, and thus, ended homosexual tolerance. Nevertheless, states and barangays that were not islamised continued to practice acceptance on homosexuality and gender-bending cultures and belief systems.

Spanish colonial period

The Spanish conquistadors introduced a predominantly patriarchal culture to the precolonial Philippines. Males were expected to demonstrate masculinity in their society, alluding to the Spanish machismo or a strong sense of being a man. Confession manuals made by the Spanish friars during this period suspected that the natives were guilty of sodomy and homosexual acts. During the 17th-18th century, Spanish administrators burned sodomites to enforce the decree made by Pedro Hurtado Desquibel, President of Audiencia.

Datus were appointed as the district officers of the Spaniards while the babaylans were reduced to relieving the worries of the natives. The removal of the datu system of localized governance affected babaylanship. The babaylans eventually disappeared with the colonization of the Spaniards. Issues about sexual orientation and gender identity were not widely discussed after the Spanish colonization.

American colonial period

Four decades of American occupation saw the promulgation and regulation of sexuality through a modernized mass media and a standardized academic learning. Furthered by the growing influence of Western biomedicine, it conceived a specific sexological consciousness in which the "homosexual" was perceived and discriminated as a pathological or sick identity. Filipino homosexuals eventually identified to this oppressive identity and began engaging in projects of inversion, as the disparity of homo and hetero entrenched and became increasingly salient in the people's psychosexual logic.

Though American colonialism brought the Western notion of "gay" and all its discontents, it also simultaneously refunctioned to serve liberationist ends. While it stigmatized the local homosexual identity, the same colonialism made available a discussion and thus a discursive position which enabled the homosexualized bakla to speak. It was during the neocolonial period in the 1960s that a conceptual history of Philippine gay culture began to take form, wherein a "subcultural lingo of urban gay men that uses elements from Tagalog, English, Spanish and Japanese, as well as celebrities' names and trademark brands" developed, often referred to as swardspeak, gayspeak or baklese. Gay literature that was Philippine-centric also began to emerge during this period. Further developments in gay literature and academic learning saw the first demonstrations by LGBT political activists, particularly LGBT-specific pride marches.

Martial law

During the implementation of the Martial Law, citizens were silenced by the Government through the military. People, including the LGBT community, did not have a voice during this period, and many were harassed and tortured. At the behest of Imelda Marcos, an anti-gay book was published that clarified the agonistic situation of gay culture at the same time that all other progressive movements in the country was being militaristically silenced. There were some homosexuals that were exiled by Marcos in America where they joined movements advocating the rights of the LGBT people. The community responded to this through the use of several mediums, such as the 1980s film Manila by Night, which introduces an LGBT character in its plotline. When the regime ended, those exiled returned to the Philippines, introducing new ideas of gay and lesbian conceptions.

1970s-1980s

During the 1970s and 1980s, Filipino concepts of gay were greatly influenced by Western notions. According to "Being LGBT in Asia: The Philippines Country Report", LGBT people who are exposed to the Western notion of being "gay" starting to have relationships with other LGBT people, instead of with heterosexual-identifying people. Towards the end of the 1980s, an increase in awareness of LGBT Filipinos occurred. In 1984, a number of gay plays were produced and staged. The plays that were released during the said time tackled the process of "coming out" by gay people.

1990s

Based on a report made by USAID, in partnership with UNDP entitled "Being LGBT in Asia: The Philippines Country Report", the LGBT community during the early 90s, made books that helped Filipinos become aware of the prevalence of LGBT communities like Ladlad, an anthology of Philippine gay writing edited by Danton Remoto and J. Neil Garcia and Margarita Go-Singco Holmes’s A Different Love: Being Gay in the Philippines in 1994 and 1993, respectively. This decade also marks the first demonstration of attendance by an organized sector of the country's LGBT community in the participation of a lesbian group called Lesbian Collective, as they join the International Women’s Day march of 1992. Another demonstration of attendance was made by ProGay Philippines and MCC Philippines, led by Oscar Atadero and Fr Richard Mickley respectively, when they organized a Pride march on 26 June 1994, that marked the first Pride-related parade hosted by a country in Asia and the Pacific. And throughout the decade, various LGBT groups were formed such as Metropolitan Community Churches (MCC) in 1991, the University of the Philippines (UP), Babaylan in 1992 and ProGay Philippines in 1993, and according to the report, the 1990s are the "probable maker of the emergence of the LGBT movement in the Philippines". In 1998, the Akbayan Citizens’ Action Party became the first political party to consult the LGBT community and helped with the creation of the first LGBT lobby group, the Lesbian and Gay Legislative Advocacy Network, otherwise known as LAGABLAB, in 1999. LAGABLAB proposed revisions to LGBT rights in 1999 and filed the Anti-Discrimination Bill (ADB) in 2000.

Contemporary (2000s-Present)

The LGBT movement has been very active in the new millennium. In the advent of the 2000s, more LGBT organizations were formed to serve specific needs, including sexual health (particularly HIV), psychosocial support, representation in sports events, religious and spiritual needs, and political representation. For example, the political party Ang Ladlad was founded by Danton Remoto, a renowned LGBT advocate, in 2003. The community has also shown their advocacies through the 21st LGBT Pride March held in Luneta Park last June 27, 2015, with the theme, "Fight For Love: Iba-Iba. Sama-Sama". This movement aims to remind the nation that the fight for LGBT rights is a fight for human rights. Advocates are calling on the Philippines to recognize the voices of people of diverse sexual orientations and gender identities. In present time, there remains no umbrella LGBT organization in the Philippines. Therefore, organizations tend to work independently of each other. Due to these divisions, there remains no prioritization of efforts, with organizations focusing on what they consider as important for them.

In December 2004, Marawi City banned gays from going out in public wearing female attire, makeup, earrings "or other ornaments to express their inclinations for femininity". The law passed by the Marawi City Council also bans skintight blue jeans, tube tops and other skimpy attire. Additionally, women must not "induce impure thoughts or lustful desires." The Mayor said these moves were part of a "cleaning and cleansing" drive. People who violate these rules will have paint dumped on their heads by the muttawa, the religious police.

In a United Nations Assembly for the establishment of an UN-backed LGBT Watch Personnel, the Philippine permanent delegate to the UN 'abstained' from the voting. Islamic nations and some eastern European nations voted against its establishment. Nevertheless, countries from western Europe and the Americas with the backing of Vietnam, South Korea and Mongolia, voted in favor for its establishment. The LGBT Watch Personnel was established after the majority of nations in the meeting voted in its favor.

In 2016, Geraldine Roman became the first openly transgender woman elected to the Congress of the Philippines. A huge bloc of lawmakers, collectively called the Equality Champs of Congress, are currently pushing for the full passage of the Anti-Discrimination Bill which has been neglected for 17 years. More than 130 lawmakers backed its complete passage and legislation in the first month of its introduction to Congress in 2016 alone.

A few months after the establishment of the UN expert on LGBT rights, an African-led coalition of nations made a move to dislodge the LGBT expert. In November 2016, UN members voted by a majority to retain the UN expert on LGBT issues, however, the representative of the Philippines chose to 'abstain' again, despite massive outcry of support for the LGBT expert to be retained from various sectors in the country.

Legality of same-sex sexual activity

Noncommercial, homosexual relations between two adults in private are not a crime, although sexual conduct or affection that occurs in public may be subject to the "grave scandal" prohibition in Article 200 of the Revised Penal Code, which states:

"ARTICLE 200. Grave Scandal. — The penalties of arresto mayor and public censure shall be imposed upon any person who shall offend against decency or good customs by any highly scandalous conduct not expressly falling within any other article of this Code."

Recognition of same-sex relationships

The Philippines does not offer any legal recognition to same-sex marriage, civil unions or domestic partnership benefits.

Since 2006, three anti-same sex marriage bills have been introduced and are pending before the Senate and Congress. In early 2011, Rep. Rene Relampagos of Bohol filed a bill to amend Article 26 of the Philippine Family Code, to prohibit "forbidden marriages." Specifically, this seeks to bar the Philippine state from recognizing same-sex marriages contracted overseas. The bill is in committee.

In December 2014, Herminio Coloma Jr, a spokesperson for the Presidential Palace, commented on same-sex marriage, saying; "We must respect the rights of individuals to enter into such partnerships as part of their human rights, but we just need to wait for the proposals in Congress".

Right after Ireland legalized same-sex marriage through a popular vote in May 2015, advocates for the legalization of same-sex marriage in the Philippines saw the possibility of legalizing such marriages with a public petition. The Catholic Bishops' Conference of the Philippines, however, is opposed to the idea despite stating that it supports 'equality for all'. To the extent of even stating that 'same-sex marriage' and 'falling for the same sex is wrong'.

The Family Code of the Philippines states in Articles 1, 2 and 147, respectively:

"Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code."

"No marriage shall be valid, unless these essential requisites are present:

(1) Legal Capacity of contracting parties who must be a male and a female; and

(2) Consent freely given in the presence of the solemnizing officer."

On 18 February 2016 during his presidential campaign, Rodrigo Duterte announced that should he win the election he would consider legalizing same-sex marriage if a proposal is presented to him. Duterte won the presidential election.

In October 2016, Speaker of the House of Representatives Pantaleon Alvarez announced he would file a bill to legalize civil unions for both opposite-sex and same-sex couples. As of 25 October 2016, more than 150 lawmakers have signified their support for the bill.

Marriages by the Communist Party of the Philippines

The illegal Communist Party of the Philippines (CPP) respectively its armed wing New People’s Army (NPA) does perform same-sex marriages among their members since 2005 in territories under their control.

Discrimination protections

The Magna Carta for Public Social Workers addresses concerns regarding the discrimination of public social workers because of their sexual orientation:

"Section 17. Rights of a Public Social Worker. - Public social workers shall have the following rights:

1.) Protection from discrimination on the grounds of sex, sexual orientation, age, political or religious beliefs, civil status, physical characteristics/disability or ethnicity;

2.) Protection from any form of interference, intimidation, harassment, or punishment, to include, but not limited to, arbitrary reassignment or termination of service, in the performance of his/her duties and responsibilities";

The Magna Carta for Women also provides an insight regarding the state's duties towards maintaining the rights of women, regardless of their sexual orientations:

"The State affirms women's rights as human rights and shall intensify its efforts to fulfill its duties under international and domestic law to recognize, respect, protect, fulfill, and promote all human rights and fundamental freedoms of women, especially marginalized women, in the economic, social, political, cultural, and other fields without distinction or discrimination on account of class, age, sex, gender, language, ethnicity, religion, ideology, disability, education, and status."

The only bill directly concerning the LGBT community in the Philippines is the Anti-Discrimination Act. This bill seeks that all persons regardless of sex or sexual orientation 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 1 July 2013 and is yet to be passed.

Local government ordinances

3 provinces prohibit discrimination on the basis of sexual orientation and gender identity. These are Agusan del Norte, Batangas and the Dinagat Islands. The province of Cavite prohibits discrimination based on sexual orientation, but not gender identity.

Various cities, barangays and municipalities throughout the Philippines also have non-discrimination ordinances. The cities of Angeles, Antipolo, Bacolod, Baguio, Batangas, Butuan, Candon, Cebu, Davao, Mandaue, Puerto Princesa, Quezon and Vigan ban sexual orientation and gender identity discrimination. The city of Dagupan bans sexual orientation discrimination only. In 2003, Quezon City approved an ordinance banning discrimination against homosexuals. In 2014, it amended that ordinance and banned discrimination against anyone on the basis of both sexual orientation and gender identity. 3 barangays also have such ordinances (Bagbag, Greater Lagro and Pansol) as does the municipality of San Julian.

Religion

Several religious beliefs exists within the country, including Roman Catholicism, the Iglesia ni Cristo and Islam, among many others. These different faiths have their own views and opinions towards the topic of homosexuality.

Roman Catholicism

The Philippines is a predominantly Catholic country with approximately 82.9 percent of the population claiming to be Roman Catholics. The Roman Catholic Church has been one of the most active religious organizations in the country in opposition to the LGBT community. The Catholic Bishops’ Conference of the Philippines firmly states that marriage should only exist between a man and a woman. Also, they have called on individuals and politicians to actively oppose same-sex marriage. They said that individuals should refuse to take part in ceremonies celebrating same-sex relationships and politicians should resist legalizing marriages of same-sex couples. They also stated that "A homosexual union is not and can never be a marriage as properly understood and so-called." However, they also said that "being a homosexual is not a sin. It is a state of a person." The Catholic Church welcomes members of the LGBT community, yet, as stated, gay people should be "welcomed with respect and sensitivity."

Iglesia ni Cristo

The Iglesia ni Cristo adheres to the teachings of the Bible and they denounce those who practice homosexual acts, as they are seen as immoral and wicked. These acts include having sexual affairs and relations with partners of the same sex, cross-dressing, and same-sex marriage. Also, in the Iglesia ni Cristo, men are not allowed to have long hair, for it is seen as a symbol of femininity and should be exclusive to women only.

Islam

Muslim communities in the Philippines face the challenge of confronting diversity. However, for many Muslims, dealing with homosexuality or transgender issues is a matter of sin and heresy, not difference and diversity.

Media

Recognized as an important venue for the promotion of issues related to the LGBT community by participants in national dialogue facilitated by the UNDP, the medi acknowledges the negative impact of religion with regard to the treatment of such issues, whereat it provides a blanket context that society views homosexuality as negative.

In May 2004, producers of several television programs received a memorandum from the chair of the Movie and Television Review and Classification Board (MTRCB), which warned against positive depictions of lesbian relationships; it was stated in the memo that "lesbian and homosexual relationships are an abnormality/aberration on prime-time TV programs gives the impression that the network is encouraging homosexual relationships."

The lack of sexual orientation and gender identity awareness is emphasized in other circumstances; transphobia is ubiquitous with media practitioners who do not address transgender people in accordance with how they self-identify. At the 2013 Cinemalaya indie awards, transgender actress Mimi Juareza won under the Best Actor category, and in reports, she was referred to repeatedly using the male pronoun. In 2014, the death of Jennifer Laude and the investigation into it was highly publicized, with practitioners referring to her as Jeffrey "Jennifer" Laude.

Participants in the UNDP-facilitated national dialogue stated that content emphasized a general lack of understanding for sexual orientation and gender identity, such that LGBT stereotypes dominate; there are many gay men hosting programs at radio stations and television networks, but they are limited to covering entertainment shows. There is an apparent lack of representation for lesbians and transgender people. Given their platform, some media personalities have publicly shared their anti-LGBT sentiments; in 2009 newspaper columnist Ramon Tulfo wrote that LGBT people "should not also go around town proclaiming their preferences as if it was a badge of honor."

Beyond mainstream media, which already has a niche for the sector, the Internet has provided LGBT people ways to tell their stories outside the realm of film, television, print, and radio. There are blogs kept, opportunities to connect with others, publications with LGBT sections and a web-based magazine, Outrage, catering to the community.

Views

Ryan Thoreson in his article "Capably Queer: Exploring the Intersections of Queerness and Poverty in the Urban Philippines" did a research on the LGBT community in the Philippines and how it copes with living in the country. He interviewed a total of 80 LGBT informants in order to gather the data. Based on his survey about employment and from what he gathered, he claimed that under a half of the respondents were employed and weekly income mean was only 1514.28 PhP per week. The survey also stated that "less than one-third have stable income and very few enjoyed any kind of benefits" and 75% of its respondents said that they would like to do more wage-earning work.

As for its empowerment section, the survey stated that when the respondents were asked to tell their primary contribution to the household, 45% of them named household chores as their primary contribution, 30% stated giving money or paying the bills, 17.5% provided labor and money, and 7.5% said that they were not expected to contribute anything. As for their privacy, 75% of the respondents said that they had enough privacy and personal space.

In terms of safety and security, Thoreson’s journal also provides statistical data in terms of the LGBT community’s involvement in crimes as victims. According to the survey he made, 55% of his respondents were harassed on the street, 31.2% were robbed, 25% had been physically assaulted, 6.25% had been sexually assaulted, 5% had survived a murder attempt, and 5% had been blackmailed by the police.

Economy

The LGBT community, although a minority in the economic sphere, still plays an integral role in the growth and maintenance of the economy. LGBT individuals face challenges in employment both on an individual level and as members of a community that is subject to discrimination and abuse. This can be compounded by the weak social status and position of the individuals involved.

A USAID study conducted in 2014, entitled "The Relationship between LGBT Inclusion and Economic Development: An Analysis of Emerging Economies", has shown that countries which have adopted anti-LGBT economic laws have lower GDPs compared to those who do not discriminate employers/employees based on their sexual orientation. The link between discrimination and the economy is direct, since the discrimination experienced by members of the LGBT community turn them into disadvantaged workers, which can be bad for business. Disadvantaged workers usually practice absenteeism, low productivity, inadequate training and high turnover, which make for higher labor costs and lower profits. According to the USAID study, LGBT people in their sample countries are limited in their freedoms in ways that also create economic harms.

On the other hand, studies have shown that the integration of the LGBT community into the economic system yields a higher income for the country. In a recent USAID study, it is said that a wide range of scholarly theories from economics, political science, sociology, psychology, public health and other social sciences support the idea that full rights and inclusion of LGBT people are associated with higher levels of economic development and well-being for the country. Also, the acceptance of LGBT people within the office environment can lead to higher income for the company since the people do not feel as disadvantaged and as discriminated as before. Another thing is that a better environment for LGBT individuals can be an attractive bargaining chip for countries seeking multinational investments and even tourists, since a conservative climate that keeps LGBT people in the closet and policymakers from recognizing the human rights of LGBT people will hold their economy back from its full potential. Naturally, passing a non-discrimination law will not immediately lead to a sudden boost in the country's economy, although less discrimination should eventually lead to more output.

Politics

Marginalized sectors in society recognised in the national electoral law include categories such as elderly, peasants, labour, youth etc. Under the Philippine Constitution, some 20% of seats in the House of Representatives are reserved. In 1995 and 1997, unsuccessful efforts were made to reform the law so as to include LGBT people. A proponent of this reform was Senate President Pro Tempore Blas Ople who said (in 1997), "In view of the obvious dislike of the ... administration for gay people, it is obvious that the president will not lift a finger to help them gain a sectoral seat."

The Communist Party of the Philippines integrated LGBT rights into its party platform in 1992, becoming the first Philippine political party to do so. The Akbayan Citizens' Action Party was another early party (although a minor one) to advocate for LGBT rights in 1998.

Philippine political parties are typically very cautious about supporting gay rights, as most fall along the social conservative political spectrum. A major political opponent of LGBT rights legislation has been Congressman Bienvenido Abante (6th district, Manila) of the ruling conservative Lakas-CMD party.

The administration of former President Gloria Macapagal-Arroyo was called "not just gender insensitive, but gender-dead" by Akbayan Party representative Risa Hontiveros. Rep. Hontiveros also said that the absence of any policy protecting the rights of lesbians, gays, bisexuals and transgender betrays the Government’s homophobia: "this homophobic government treats LGBTs as second-class citizens."

On 11 November 2009, the Philippine Commission on Elections (COMELEC) denied the Filipino LGBT political party Ang Ladlad's petition to be allowed to run in the May 2010 elections, on the grounds of "immorality". In the 2007 elections, Ang Ladlad was previously disqualified for failing to prove they had nationwide membership.

On 8 April 2010, the Supreme Court of the Philippines reversed the ruling of COMELEC and allowed Ang Ladlad to join the May 2010 elections.

On 17 June 2011, the Philippines abstained from signing the United Nations declaration on sexual orientation and gender identity, which condemns violence, harassment, discrimination, exclusion, stigmatization and prejudice based on sexual orientation and gender identity. However, on 26 September 2014, the country gave a landmark yes vote on a follow-up resolution by the UN Human Rights Council to fight violence and discrimination based on sexual orientation and gender identity (SOGI).

The Ang Ladlad is a new progressive political party, with a primary agenda of combating discrimination and harassment on the basis of sexual orientation or gender identity.

Community

The LGBT community did not begin to organize on behalf of its human rights until the 1990s. Poverty and the political situation in the Philippines, especially the dictatorship, may have made it difficult for the LGBT community to organize. One of the first openly gay people of significance was the filmmaker Lino Brocka.

The first gay lesbian bisexual and transgender pride parade in Asia and also the Philippines was co-led by ProGay Philippines and the Metropolitan Community Church Philippines (MCCPH) on 26 June 1994 at the Quezon Memorial Circle. It was organized just a few years after students organized the UP Babaylan group. The pride event was attended by hundreds, and the march coincided with march against the Government's VAT or the value added tax.

Since the 1990s LGBT people have become more organized and visible, both politically and socially. There are large annual LGBT pride festivals, and several LGBT organizations which focus on the concerns of University students, women and transgender people. There is a vibrant gay scene in the Philippines with several bars, clubs and saunas in Manila as well as various gay rights organizations.

Military service

Sexual orientation or religion does not exempt citizens from Citizen Army Training (CAT), although some reports do suggest that people who are openly gay in this high school curriculum are harassed. On 3 March 2009, the Philippines announced that it was lifting its ban on allowing openly gay and bisexual men and women from enlisting and serving in the Philippine Armed Services.

Public opinion

In 2013, a Pew Research Center poll showed that 73% of adult Filipinos agreed with the statement that "homosexuality should be accepted by society," up by nine percentage points from 64 percent in 2002.

In May 2015, PlanetRomeo, a LGBT social network, published its first Gay Happiness Index (GHI). Gay men from over 120 countries were asked about how they feel about society’s view on homosexuality, how do they experience the way they are treated by other people and how satisfied are they with their lives. The Philippines was ranked 41st with a GHI score of 50.

An opinion poll carried out by the Laylo Research Strategies in 2015 found that 70% of Filipinos strongly disagree with same-sex marriage, 14% somewhat disagree, 12% somewhat agree and 4% strongly agree.