The third sex?: Third in line, no more? a study on the constitutionality of proposed House Bill no. 956 or the Anti-gender Discrimination Act

• Main Author: Gutierrez, Karla Rose E.
• Format: text
• Language: English
• Published: Animo Repository 2009
• Subjects: Commercial Law
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/17748
• Institution: De La Salle University

This study begins by examining the Constitutionality of the House Bill no. 956 or Anti-Gender Discrimination Act. It analyzes every provision, and defined the problems that each provision faced. It continued with establishing on whether or not there was a valid claim for such a law if there was patently discriminating acts against the LGBT, so grave that they could not live in dignity. Then, related studies were taken into consideration to establish more facts on the matter the question was if it was necessary to have another law or if the existing laws would suffice. The thrust of this study centers on whether the bill in contention can be validly enforced without undermining equal protection of the law and whether any of its provisions can be subject to abuse. The main contention was whether or not the bill would advocate equality for all, or defeat its purpose. To confirm the Constitutionality of the bill in contention, its provisions were then subjected to the equal protection test and was contrasted and analyzed against Supreme Court decisions in the Philippines, American Jurisprudence and international law and agreements. The subject of contention arises on opposing interpretations of the definitions of sexual orientation and gender identity and various Supreme Court decisions that acknowledge and denied the right of the LGBT. Consequently, the researcher had to clarify and recommend points concerning the bill for it to be a more effective and veritable law that is to be enforced.