Despite the gradually changing attitude of Filipinos towards the lesbians, gays, bisexuals, transgenders, queers, intersex, and asexual (LGBTQIA+) community, the fact remains that its members remain subjects to acts of discrimination and harassment, not to mention violence.
Added to this is the fact that viewpoints on “traditional” gender still retain its tight grip in the country’s culture and society, especially among religious groups.
This called for a bill on sexual orientation and gender identity expression (SOGIE) continue to languish in Congress as opposition from religious and similar groups, who claim that approving this measure will infringe on their own fight for religious expression.
Giving hope and respect to the LGBTQIA+ community, several local government units (LGUs) in the country have decided to act on their own and pass local ordinances to protect the rights of this sector.
“In the absence of the national law, kailangang magkaroon tayo ng localized ordinance para kung ano yung kailangan na di pa nai-implement ng mga prohibited acts sa national level, kahit man lang locally meron tayong maipakita na we support yung [LGBTQIA+] community,” San Pedro City, Laguna Councilor Bernadeth Olivares told OpinYon Laguna.
Local SOGIE Ordinance
On Tuesday, June 27, the Sangguniang Panglungsod of San Pedro City took that important step as its Sangguniang Panglungsod enacted City Ordinance No. 2023-19, or the “Anti-Discrimination Ordinance (ADO) On the Basis of SOGIE For the Protection of Lesbians, Gays, Bisexuals, Transgenders, Queers, Intersex, And Asexual (LGBTQIA+) Rights in The City of San Pedro, Laguna.”
This made San Pedro City the 18th LGU in the country – and the first in Laguna province – to pass an ordinance that will ensure that gender-based rights will be protected and that members of the LGBTQIA+ sector will be afforded equal treatment.
The ordinance, authored by Councilor Olivares and sponsored by Councilor Sheriliz Almoro, “will also ensure individuals are not denied of opportunities or treated unfairly because of their sexual orientation or gender identity.”
“Dapat pantay-pantay ang pagtingin natin sa tao, we cannot turn a blind eye to the struggles and challenges faced by our fellow citizens simply because of who they are and whom they love,” Olivares, who has pushed for the local SOGIE ordinance since 2019, said.
Gender-fairness
According to Olivares, this ordinance will not grant a special right to members of the LGBTQIA+ community. It ensures protection against discrimination in areas such as employment, housing, public accommodation, education, and healthcare.
“Kasi ngayon, na-stereotype na ang LGBTQIA+ community, let’s say kapag sinabing gay o transgender, iisipin mo agad ay parlorista o fashion designer agad ang trabaho,” Olivares explained.
“Not only that, may isa akong insidente na naikwento sa akin na pinagtangkaan raw siya ng apat na kalalakihan, pero nang gumanti siya, siya pa ang kinasuhan. So hindi na alam ng ating community kung kanino sila lalapit dahil nga sa mga stereotypes na ito,” she added.
Aside from prohibiting acts of discrimination, harassment and violence on the basis of “actual or perceived” SOGIE, the ordinance also provides for “affirmative acts” such as seminars, trainings and other activities that will endeavor to mainstream “gender-fairness” in San Pedro City.
Airing grievances
For Olivares and Almoro, the recent discussion on the SOGIE ordinance was the perfect chance for the city council to hear from the different sectors of San Pedro’s local community – particularly the LGBTQIA+ sector that stands to benefit from the ordinance.
“Nagkaroon po ng chance ang ating mga panauhing pandangal nung time na iyon na ma-express yung saloobin nila, at marami rin akong natutunan sa kanila,” Almoro said in an interview with OpinYon Laguna.
One of the main issues brought by the city’s LGBTQIA+ sector during the session included the “tricky” issue of “gender-neutral” restrooms – which still remain a point of contention among those who have opposed SOGIE measures.
“Marami po kasing mga members ng LGBTQIA+ community na uncomfortable sa present set-up at gusto ng sariling CR nila for their privacy,” Almoro told OpinYon Laguna.
At the San Pedro City Hall, the councilor shared, steps are already being taken to ensure accommodation for the LGBTQIA+ sector when it comes to restrooms.
“In fact, sisimulan na po natin dito sa City Hall ang paglalaan ng comfort rooms para sa kanila, kahati po ng ating mga persons with disabilities (PWDs),” she added. “Lalagyan natin ng sign since hindi pa naman natin kaya gumawa ng sariling CR, pero in the future sinabi naman ng ating mga official na pwede namang mapondohan ang naturang proyekto.”
Equal treatment
Both Olivares and Almoro said that while the issue of gender rights and equality is still a "sensitive" topic on both the national and local level, the ordinance was crafted in the view that all persons are created equal.
"Sabi nga nila, lahat tayo ay pantay-pantay sa mata ng Panginoon, kaya kailangan lahat tayo ay may kalayaan at may karapatan, para i-express yung pagkatao natin at na mamuhay din ng tahimik at safe na hindi nadi-discriminate," Almoro explained to OpinYon Laguna.
But this, Almoro admitted, has clashed with the beliefs of some religious groups. The councilors who pushed for City Ordinance No. 2023-19 believed what matters is that all members of the community should be protected against discrimination, no matter what their gender or sexual orientation are.
“Naiintindihan din po namin that some may argue that this ordinance infringes upon their personal beliefs. However, it is crucial to understand that protecting the rights of one group does not diminish the rights of others. We are not here to dictate personal beliefs, but rather to ensure that every individual, irrespective of their sexual orientation or gender identity, is treated with dignity and fairness,” Olivares stressed in a Facebook post.
That was also the argument posted by members of the LGBTQIA+ sector who attended the session, saying that their main goal in pushing for the SOGIE ordinance is not to step on the rights of others but to ensure fair and equal treatment for all San Pedronians.
"It [the SOGIE ordinance] is not in any way discriminating or violating the rights or all people. We are moving for a more progressive society where no one should be left behind on the basis of SOGIE," a member of the Angat Kabataan group, one of the resource groups invited by the Sangguniang Panglungsod, said during the hearing.
The SOGIE ordinance is now pending the signature of Mayor Art Mercado to become law – and the two councilors believe that with the support of the current city government to initiatives for the LGBTQIA+ community, Mercado is expected to sign the ordinance before the end of the year.