LGBT Rights in Bataan
Province

💬 Join Equaldex's LGBTQ+ Discord to discuss LGBT rights and chat!

Public Opinion

Bataan is lacking public opinion data.

Help expand our understanding of the public's view on LGBTQ+ issues in Bataan by sharing a link to a survey from a reputable organization.

Suggest Public Opinion Data

Have you lived in or visited Bataan?

Share your experience of being LGBTQ+ in Bataan.

Take Survey

History

Homosexual activity in Bataan

?

Homosexual activity in Bataan is legal.

Current status
Legal under federal Philippines law
The only article that may apply to LGBT is Article 200 of the penal code which cites "serious sexual misconduct", but there were never any laws against homosexuality.

However it is still partially illegal in the Marawi city for its Muslim residents.
Report error  ·  Log

Same-sex marriage in Bataan

?

Same-sex marriage in Bataan is banned.

Current status
Since Aug 3, 1988
Banned under federal Philippines law
Article 1 of an executive order titled "Family Code of the Philippines" defines marriage as "a special contract of permanent union between a man and a woman".
Report error  ·  Log

Censorship of LGBT issues in Bataan

?

Censorship of LGBT issues in Bataan is no censorship.

Current status
No censorship under federal Philippines law
In the Philippines, there are very few instances of government censorship. One such incident from 2023 involved a drag performer, Amadeus Fernando Pagente (Pura Luka Vega), who was arrested by Manila police for failing to appear at a preliminary hearing on charges of “immoral doctrines, obscene publications and exhibitions, and indecent shows.” However, there were very few reports of incidents like this.
Sources:
www.state.gov/reports/2023-… Section 6.7, paragraph 9
www.state.gov/reports/2022-… Section 6.7, paragraph 8
Report error  ·  Log

Right to change legal gender in Bataan

?

Right to change legal gender in Bataan is illegal.

Current status
Since 2007
Illegal under federal Philippines law
Filipinos who undergo gender re-assignment surgery are not permitted to change their legal gender per a supreme court ruling in 2007. Individuals with Congenital Adrenal Hyperplasia (CAH), a very rare gender disorder, are permitted to change their gender. Changing gender pending.
Until 2007
Illegal under federal Philippines law
Filipinos who undergo gender re-assignment surgery are not permitted to change their legal gender per a supreme court ruling in 2007.

Gender-affirming care in Bataan

?

Gender-affirming care in Bataan is legal.

Current status
Since 1992
Legal under federal Philippines law
No laws ban or restrict GAC but practical limitations such as a lack of available doctors and services prove to be real challenges for transgender Filipinos.
Restricted under federal Philippines law
In 1976, Philippines legalized sterilization, which de facto meant legalizing sex reassignment surgery, however, medical records regarding transsexualism had to be obtained abroad.
Report error  ·  Log
Until 1976
Restricted under federal Philippines law
Medical transition was not possible in the Philippines until 1976.
Report error  ·  Log

Legal recognition of non-binary gender in Bataan

?

Legal recognition of non-binary gender in Bataan is not legally recognized.

Current status
Not legally recognized under federal Philippines law
The Philippines does not recognize nor allow people to legally change "x" gender on their passports and other legal documents.
Report error  ·  Log

Hate crime protections in Bataan

?

Hate crime protections in Bataan is sexual orientation and gender identity.

Current status
Since Oct 25, 2021
Sexual orientation and gender identity
Section 5 of Ordinance No. 16 (2021) reads: "If a graver offense motivated by bias, prejudice, or hatred against sexual orientation or gender identity or expression is committed, such shall be meted the corresponding maximum penalties regardless of the number of violations already committed."
Until Oct 24, 2021
No protections
Until 2021, there were no protections from hate crimes provided to LGBTIQ+ people in Bataan.

LGBT discrimination in Bataan

?

LGBT discrimination in Bataan is illegal.

Current status
Since Oct 25, 2021
Illegal
In 2021, Bataan passed Ordinance 16, which prohibits all forms of discrimination on the basis of sexual orientation and gender identity.
Apr 11, 2007–Oct 24, 2021
Illegal in some contexts
In 2007, the Philippines enacted a Magna Carta for protections of the rights of public social workers, which includes protection from discrimination on the basis of sexual orientation. However, gender identity remains unprotected.

In 2012, the Philippines passed Order No. 40 which prohibits discrimination in schools against children on the basis of their sexual orientation or gender identity. This applies in Bataan. However, no other discrimination protections existed in the province until 2021.
Until Apr 10, 2007
No protections under federal Philippines law
Although certain regions of the Philippines have anti discrimination laws but they are not being widely and properly enforce nor followed. Though LGBT rights groups around the country demand the passing of the Equality Bill.
Report error  ·  Log

LGBT employment discrimination in Bataan

?

LGBT employment discrimination in Bataan is sexual orientation and gender identity.

Current status
Since Oct 25, 2021
Sexual orientation and gender identity
In 2021, Bataan passed Ordinance 16, which prohibits discrimination in employment on the basis of sexual orientation and gender identity.
Apr 11, 2007–Oct 24, 2021
Sexual orientation only
In 2007, the Philippines enacted a Magna Carta for protections of the rights of public social workers, which includes protection from discrimination on the basis of sexual orientation. This also applies in Bataan. However, gender identity remained unprotected until 2021.
Report error  ·  Log
Until Apr 10, 2007
No protections under federal Philippines law
Until 2007, there were no protections from discrimination in employment provided to LGBTIQ+ people in the Philippines.
Report error  ·  Log

LGBT housing discrimination in Bataan

?

LGBT housing discrimination in Bataan is sexual orientation and gender identity.

Current status
Since Oct 25, 2021
Sexual orientation and gender identity
In 2021, Bataan passed Ordinance 16, which prohibits discrimination in housing on the basis of sexual orientation and gender identity.
Until Oct 24, 2021
No protections
Until 2021, there were no protections from discrimination in housing provided to LGBTIQ+ people in Bataan.

Same-sex adoption in Bataan

?

Same-sex adoption in Bataan is single only.

Current status
Single only under federal Philippines law
If you are part of the LGBTQ in the Philippines, you can only adopt if you are single.
Report error  ·  Log

Intersex infant surgery in Bataan

?

Intersex infant surgery in Bataan is not banned.

Current status
Not banned under federal Philippines law
Philippines does not ban medical interventions performed on intersex infants.
Report error  ·  Log

Serving openly in military in Bataan

?

Serving openly in military in Bataan is legal.

Current status
Since Jan 2017
Legal under federal Philippines law
In 2017, the Philippines began allowing transgender people to join the military.
Report error  ·  Log
Jan 2012–Jan 2017
Lesbians, gays, bisexuals permitted, transgender people banned under federal Philippines law
Gay people are allowed to serve on the condition of no PDA, transgender people were not allowed.
Report error  ·  Log

Blood donations by MSMs in Bataan

?

Blood donations by MSMs in Bataan is banned (indefinite deferral).

Current status
Banned (indefinite deferral) under federal Philippines law
Men who have had sex with men are never allowed to donate blood. Blood Donations by MSMs pending.
Report error  ·  Log

Conversion therapy in Bataan

?

Conversion therapy in Bataan is banned.

Current status
Since Oct 25, 2021
Banned
Section 4(h) of Ordinance No. 16 (2021) prohibits “non-consensual medical or psychological examination to determine, alter, or both, a person’s sexual orientation or gender identity or expression.” Section 4(n) prohibits “inflicting or threatening to inflict bodily or physical harm or humiliation, repeated verbal abuse” in order to “express rejection” or prevent a child from “displaying or expressing” his or her identity.
Report error  ·  Log
Until Oct 24, 2021
Not banned
Until 2021, conversion therapy was legal in Bataan.
Report error  ·  Log

Equal age of consent in Bataan

?

Equal age of consent in Bataan is equal.

Current status
Equal under federal Philippines law
In the Philippines, the age of consent is equal for all sexual activity.
Report error  ·  Log