As far as the equal protection of LGBTQIA Filipinos are concerned, “may mga gaps talaga (there are really gaps in the laws of the land),” said Anastacio Marasigan, executive director of TLF SHARE Collective Inc. “Kailangan ng SOGIE lens sa mga batas natin; yun ang nawawala sa current laws natin (Our laws need to use SOGIE lens/awareness; this is what’s not present in our current laws).”
Marasigan stressed that this SOGIE focus that is needed may best come in the form of the SOGIE Equality Bill, the current iteration of the anti-discrimination bill that has been pending in Congress for 19 years now.
Marasigan’s call was also made following the continuing confusion – and retaliation, for that matter – with passing the SOGIE Equality Bill.
At the Senate hearing on the SOGIE Equality Bill on August 20, Sen. Ronald “Bato” dela Rosa said that “you can’t just consider one portion of the society.”
Dela Rosa’s biggest concern, for instance, revolves around providing trans people access to toilets befitting their gender identity (not their assigned sex at birth).
“What if isang lalaking manyak magsuot ng pambabae at papasok sa CR ng babae (What if a heterosexual male who is a sex predator/maniac dresses up as a woman and enters the female toilet)?” Dela Rosa asked.
Dela Rosa’s comments were also triggered by the incident involving Gretchen Diez, who recently made the news because of her ordeal while trying to access the female toilet in Farmers Plaza, a mall in Cubao, Quezon City.
Incidentally, Diez, who has been in the limelight following her experience and not because of her involvement in LGBTQIA advocacy, now fashions herself as the sole representative of the local LGBTQIA community, claiming to be the “face of the LGBT movement.”
The new senator stressed that “this is not an attack on your group (the LGBTQIA community).” But that this is a concern of “totoong babae (real women)” (sic), he added, referring to those who were assigned female at birth.
For TLF SHARE Collective’s Marasigan, “we are not expecting that the SOGIE Equality Bill will be passed smoothly,” he said. “There will be questions, there will be challenges; those will be part of the process.” The bigger challenge is “for us advocates to see to it that the version (of the bill) that we like will be the one that will become a law.”
From her end, Naomi Fontanos, executive director of GANDA Filipinas Inc., noted that there are those who say that there are already existing laws that could serve the intent of the SOGIE Equality Bill.
But Fontanos said that “wala pang batas na nagpoprotekta sa mga LGBTQIA Filipinos sa diskriminasyon at karahasan base sa kanilang SOGIESC. Kailangang malinaw na sinasabi ito ng isang batas na hindi tama mag-diskrimina at mag-abuso ng mga Pilipinong LGBTQIA dahil sa kanilang SOGIESC (there is currently no law protecting LGBTQIA Filipinos from discrimination and violence committed against them based on their SOGIESC. This has to be specifically stipulated in a law, that it is not right to discriminate and abuse LGBTQIA Filipinos solely because of their SOGIESC).”
Sen. Rosa Hontiveros, sponsor of one of the ADBs filed in the Senate now, said that “halos 20 taon na na ang SOGIE Equality Bill ay sinusulong sa Congress (the SOGIE Equality Bill has been getting pushed in Congress for almost 20 years now).”
And yet, she added that even if discriminatory acts reach the hears of politicians, the bill continues not to be a priority.
“Hindi puwedeng hanggang pasensiya na lang (It’s not enough for us to say ‘bear with us’ before acting on the SOGIE Equality Bill),” Hontiveros said.
And so “kailangan ipagpatuloy natin ang pagtataguyod para maging isang batas ang SOGIE Equality Bill (we need to continue pushing until the SOGIE Equality Bill finally becomes a law),” Fontanos ended.
