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Solons debate bathroom, dress code rights in anti-discrimination bill


Bataan First District Representative Geraldine Roman and Senator Vicente Sotto III debated the bathroom and dress code provisions of a House bill that aims to protect individuals regardless of their Sexual Orientation and Gender Identity (SOGI).

Sotto argued on "News to Go" Wednesday that House Bill 267 or the Anti SOGI Discrimination Act needs revisions to avoid abuse by people who wish to commit crimes in public bathrooms or sue establishments with strict dress codes.

HB 267 aims to curb discrimination against persons based on their SOGI or that of their loved ones. It states that people cannot be denied access “to or the use of establishments, facilities, utilities, or services” “solely on the basis” of their SOGI.

While Anti-Voyeurism, Anti-Lasciviousness, and Anti-Fraud laws exist to punish lawbreakers, Sotto said HB 267 must have preventative measures to avoid its abuse by voyeurs or thieves who pretend to be Lesbian, Gay, Bisexual, and Transgender (LGBT).

“Kami sa mga lalaki, walang problema kung papasok ka, magtotoilet sa ‘min ang babae eh. At saka yung, let’s say, feeling na gusto niya dun, okay lang, walang problema," Sotto explained.

“Pero sa mga babae, ang danger na sinasabi ko is hindi yung mga ano, hindi yung mga binabae o yung gay, yung problema yung magkukunwari, magbibihis kunyari na binabae siya o gay siya, o transgender siya, pagktapos hindi pala, ang intensyon is either mamboso o di kaya mang-hold-up o kaya eh- naku, delikado pa naman.”

Roman countered that criminals are already undeterred by laws and that law enforcers will be able to spot people who pretend to be LGBT to escape punishment.

“Kahit ho walang anti-discrimination bill, yang sinasabi niyo ay mangyayari rin. Kung merong gusto talagang mang-harass, kahit magbihis siyang babae, magpanggap na gay siya, papasok siya sa banyo ng mga babae,” Roman said.

"I’d really doubt kung true transgender o talagang nagpapanggap lang talaga, halatang-halata po. A person who wants to harass will do it, as I said, with or without law, and a police enforcer will be able to distinguish if that person is just trying to abuse the law or not."

The representative also cited North Carolina’s House Bill 2 or the Public Facilities Privacy & Security Act and how its defenders were unable to give facts to back their claims.

"Meron na po mga batas talaga na nagpoprotekta, yung anti-voyeurism nga, yung anti-fraud, yung anti-acts of lasciviousness, at tsaka katulad po sa Estados Unidos, yan po ay issue sa North Carolina, HB2, wala naman silang ma-representa na facts and figures to back this," she said.

HB2 bars transgender people from entering bathrooms and locker rooms that do not correspond to the gender on their birth certificate.

Dress codes?

Sotto added that HB 267 may allow people who flout dress codes, and use cross-dressing and trans identity as an excuse, to sue golf courses and clubhouses with strict dress codes if the law doesn’t say that LGBT people must also adhere to such dress codes.

“Pag pumasok kami dun… at naka-collarless shirt ka, at tsaka naka-tsinelas ka, hindi ka papapasukin. Straight kami. Papano kung transgender yung andudun? Or gay yung andudun, at naka-collarless, at naka-slippers at pinalalabas? With this law, kapag-napasa ito, pwede i-demanda yung clubhouse," Sotto said.

“Ang agrabyado ay yung mga i-straight. Kahit pinalabas kami, hindi kami makakapalag eh pero pag transgender ang pinalabas, pwede silang mag-demanda eh,” he added.

Roman agreed with Sotto’s stance on following dress codes, but pointed out that trans people take issue not with dress codes but with establishments that discriminate against cross-dressing.

"Alam niyo po senator, kaming mga transgender, we do not consider what we wear as a dress code. This is how we are. This is how we express gender identity," she said.

“Ang nangyayaring mga kaso ngayon po sa mga restaurants at sa mga bars, ay hindi naman po dress code na whether you’re wearing tsinelas or shoes. Ang kinekwestyon po nila doon yung tinatawag nilang crossdressing. Kung sa palagay ng mga may-ari ng restaurant ikaw ay lalaki, tapos nagbibihis babae ka, ayaw kang papasukin… Basically, ang sina-cite nung mga bars is cross-dressing, which is basically gender-related or sexual orientation-related.”

Moreover, if an establishment, school, or agency decides to impose a dress code, she said, the rule must apply to every person in the institution and not to a single group.

Sotto clarified throughout the interview that he was not against the passing of HB 267, while Roman had to explain the difference between gay and trans people.

“Timplahin nating mabuti, hindi pwedeng hindi kung ano yung laman lang nito, ito na ‘yan,” Sotto said. “Okay na okay ako diyan, walang problema. As a matter of fact, ako nga nagsu-suggest ng gender-neutral na toilet para kahit babae, lalaki pwede na eh.”

Among acts considered as discriminatory are forcing a person to "undertake any medical or psychological examination to alter the person's sexual orientation or gender identity"; denying a person employment, training, or promotion because of their SOGI; and imposing sanctions on, expelling, or harassing students because of their or their guardians' SOGI.

Individuals or institutions found guilty of discrimination must pay a fine of P500,000 and face jail time of at least a year.

Sotto has denied in the past that he blocked the inclusion of LGBT among those protected by Senate Bill 2814 or the "Anti-Ethnic or Racial Profiling and Discrimination Act of 2011."

He has, however, called fellow pro-life Senator Manny Pacquiao's evaluation of same-sex marriage "misguided" and expressed support for the Anti SOGI Discrimination bill. — Rie Takumi/BM, GMA News

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