BY GEROME DALIPE IV
ILOILO City – The online world has been abuzz recently with a controversy involving a Cebu-based writer Jude Bacalso.
Such came after Bacalso made a restaurant staff member stand in front of him for two after the latter addressed him as “sir” instead of “ma’am” on the evening of July 22.
Bacalso, a member of the LGBT community, was dressed as a female at the time. The incident quickly trended, and Bacalso has reaped a whirlpool of criticisms from netizens.
Although she later apologized after realizing that she could have extended a “little measure of kindness” toward the waiter, Bacalso’s act sparked backlash from the public.
Critics argue that Bacalso’s action demeaned the waiter’s intrinsic worth, triggering a debate on whether or not misgendering is indeed a crime in the country.
In a legal sense, there is no law yet that punishes individuals who misgender another person, or those who intentionally or unintentionally refer or describe another person that doesn’t align with their affirmed gender.
The SOGIE (Sexual Orientation and Gender Identity or Expression) Equality Bill, which seeks to provide more comprehensive protections against discrimination for LGBTQ+ individuals, has been repeatedly proposed in Congress but has not yet been enacted into law.
The SOGIE Equality Bill, also known as the Anti-Discrimination Bill, if passed, could provide clearer legal grounds for addressing incidents of misgendering and other forms of discrimination based on gender identity.
Advocates for the bill continue to push for its passage, highlighting the need for legal protection against discrimination for LGBTQ+ individuals in the Philippines.
Although considered Southeast Asia’s most gay-friendly country, the Philippines still has no law against LGBTQ+ discrimination.
The country also ranks highest in Southeast Asia for LGBT social acceptance, according to the Global Acceptance Index in 2012.
“Sexual and gender minorities all over the world are heavily impacted by the attitudes and beliefs of those around them. Low levels of acceptance are tied to bullying and violence, physical and mental health problems, discrimination in employment, and underrepresentation in positions of civic leadership,” the study read.
While misgendering itself is not explicitly classified as a crime under national law, various local government units, such as Iloilo City, enacted ordinances and anti-discrimination policies that address issues of gender identity and expression.
Passed in 2018, Iloilo City’s anti-discrimination ordinance penalizes any deed of discrimination based on sex, gender identity, sexual orientation, race, color, descent, ethnic origin, and religious beliefs.
Under the ordinance, discrimination is committed if the person is refused employment, refused admission in schools, refused entry in places open to the general public, deprived of abode or quarters, deprived of the provision of goods and services, subjecting one to ridicule or insult, and doing acts that demean the dignity and self-respect or a person because of sex, gender identity, sexual orientation, race, color, descent, ethnic origin, and religious beliefs.
It also mandates the creation of the anti-discrimination mediation and conciliation board to be chaired by the mayor. The board shall initiate the filing of cases against violators.
Violators will be slapped a fine of P1,000 for the first offense; P2,000 for the second offense and imprisonment of not more than 10 days at the discretion of the court; and P3,000 and 15 days imprisonment on the third offense./PN
