In Toledo v. Hydenu (652 PHIL 70), the court stated that: He who comes into equity must come with a clean hands.
You have heard the word “discrimination” this week more than you may usually have heard it, at least in the previous months; that is, if you fortunately haven’t experienced being discriminated. But what do you know about discrimination?
The term is not exclusive to a particular: race, gender, religion, nor age. It is all encompassing. Discrimination does not discriminate. This is the very reason that necessitates the legislation of a more specific Anti-Discrimination Policy. A policy that should look and go beyond how it is being highlighted today, an issue of restroom usage.
When one person is rejected for employment by reason of SOGIE, that is discrimination in the workplace. When one is barred from enjoying a service by reason of SOGIE, that is discrimination in providing goods or rendering services. When one is prohibited from learning in a nonsectarian academic institution, that is discrimination in education. But when one is barred by reason of SOGIE in entering the female restroom, that is a multifaceted discussion.
While, every single public hearings and consultations can be attributed to the banyo incident, the debates have been constrained in the hallowed halls of Farmers Plaza restroom. There are more pressing issues related to SOGIE Equality Bill that is negligently missed amidst this discussion.
In using a specific individual as the face of SOGIE Equality Bill, the discussion hasn’t been substantiated by the pivotal provisions of the proposed law. The ‘star’ has been branded as your “Banyo Queen” since day one; but that’s on her, as she herself failed to elevate the discourse by repetitively echoing inequality in bathroom usage.
Be that as it may, let us thoroughly consider the facts of the matter, whether or not the banyo incident can be “the face of the LGBTQIA+ movement”.
You may see that this is a clear case of discrimination based on SOGIE in consideration of the given narrative by the complainant. Yes, there was a violation of the Gender Fair Ordinance of Quezon City as admitted by Farmers Plaza Management. The violation being their failure to provide a gender neutral restroom as required by the City Ordinance.
But was there a discrimination based on SOGIE by verbal, nonverbal ridicule, and vilification or in rendering services?
First, the janitress is employed by an independent contractor and not by Farmers Plaza. There exist no relationship between the janitress and Farmers Plaza. Thus, the janitress is personally accountable for her actions;
Second, the janitress acted upon an aggression which was made and documented by the complainant herself but later deleted to better fit her narrative of an outright discrimination by the janitress. In the now deleted first Facebook live video, the complainant was nicely asked by the janitress to do two things, namely: (a) to use the male restroom instead of the female restroom acting upon an alleged complaint of female customers of Farmers Plaza, and (2) to cease from the unauthorized recording of the janitress in doing her job in assisting mall clients on queue towards the restroom;
Third, the Facebook live videos while taken in plain sight of the public, it was still taken inside a privately owned vicinity which could be well regulated by policies of the owner and management e.g. video recording private individuals in the performance of their private employment; and
Fourth; in the deleted first Facebook live, the complainant voluntarily heeded by saying “ahh hmmm okay” in going to the security office with the janitress upon prior warning that she’ll be brought in the office for refusal to cease from the unauthorized documentation.
The complainant was brought into the security office not by reason of her SOGIE. She was escorted to the security office for failure to cease from her unauthorized recording. The verbal abuse as seen on the viral Facebook live was a retaliatory attack by the janitress after the complainant pried into the privacy of the former. Yes, the attack made by the janitress is inexcusable, but this wasn’t said and done on the basis of the complainant’s SOGIE.
If there wasn’t anything to hide, why was there a first Facebook live video deliberately deleted by the complainant? Why did the complainant only retain two videos that would fit her narrative of SOGIE-related discrimination? Why, Miss Complainant?
The apprehension of the complainant by police officers from QCPD station 7 was an arrest made based on their knowledge of a crime which has been committed by the complainant. The complaint charged and that was latter dropped was unjust vexation against the janitress. Again, the arrest was not by reason of the complainant’s SOGIE but by her actions after she was reprimanded by the janitress outside the CR. This does not, however, excuse the police officers from their failure to take the complainant’s statements immediately after her apprehension.
When the community came to rescue Miss Complainant from being locked behind bars, the charges for unjust vexation against her were dropped by the janitress; because at that time, she had an instantaneous realization that her actions were inexcusable. A settlement was made, that was what they said. But three days later, on the day Miss Complainant filed her case against Farmers Plaza, she mentioned about the possible filing of appropriate charges against the janitress. Apparently, the settlement was onerous for the janitress rather than being reciprocal for both parties. This scenario speak volumes of the status quo of our human rights in the Philippines.
Certainly, there were procedural lapses, verbal abuse, and negligence; but there wasn’t any form of discrimination, only if we try to look into the matter of facts. The complainant, janitress, and QCPD Station 7 are all accountable for their action or inaction. This is a story which must be appreciated fully by examining all the possible sides without favoring one over another because of our personal biases. This must be a learning experience for all the parties that are involved. But must not be used to advance one interest at the expense of another.
After the incident, you have seen traditional politicians rallying behind the complainant, as she declares, LGBTQIA+ rights as human rights. The public had to unconsciously endure the pain of seeing supporters of a human rights violator rally behind Miss Complainant. LGBTQIA+ rights and human rights are not mutually exclusive. While supporting LGBTQIA+ rights as human rights, these politicians should know that they must concede in supporting the call against the lowering of criminal liability and the re-imposition of death penalty; because, these two issues are also human rights-related.
There are other mechanisms that will advance and promote the discussion of SOGIE in the country without the need of being used by different organizations and political parties. This is a nonpolitical issue that needs to be dealt through an appropriate social legislation rather than by politicking. Using the LGBTQIA+ community in politicizing our own cause must, at all cost, end now! This community is more than your number of votes that you use at your convenience. The LGBTQIA+ community should refuse being treated as dispensables, simply because we are not!
The LGBTQIA+ community does not need a face that epitomizes lack of knowledge and understanding of the cause. The community does not need to represented by an individual who anchors her cause in magnifying her story alone; because this movement is more than one story, that transcends from one generation to another.
The true face of the LGBTQIA+ community is more than one individual; because, you are not alone. No, not one individual and organization can take credit of the cause. After-all, this is the LGBTQIA+ COMMUNITY, no one should be left behind neither should anyone be one step ahead of everyone. There may be several groups with different perspective; but bound by a single community sharing a communal interest that is the SOGIE Equality Bill.
People should start learning how to dissociate their self-vested interest from the advocacy. While one voice can be used to uproar the passing of SOGIE Equality Bill, the voice must also be admonished if it doesn’t reflect the majority of the community. The voice must be silenced when it still continues to purvey false advocacy. If this is not done, the noble cause will be tainted. SOGIE Equality Bill must not in anyway be used to place one person on the spotlight for all the wrong reasons; let us not tolerate.
While the discussion has been fueled by the banyo incident, this urgently needs to get out of the banyo before it even stinks and splatters at the expense of the LGBTQIA+ advocacy. It is time that we hear the genuine and unheard stories of SOGIE-based discrimination.