To our dearest adjudicators, moderator, my fellow debater,dear opponents,

faculty and staff, and students, a pleasant morning to all of you.

I am Shavy Ragasa and I am here to present three strong points why legalizing
SOGIE bill is not practicable.

First reason is the indefiniteness and subjectivity of the terms used in the
proposed house bill No. 4474.

The terms of sexual orientation, gender identity, gender expression are

defined in the bill but the definitions does not offer a definite way of identifying
sexual orientation, gender identity and gender expression of a person it
because of the reason these terms are subjective in nature, a personal sense
therefore subject to changes. Furthermore, legislating on these terms is not
possible.

There is no accepted legal definition of the various classification of LGBT

community such as lesbians, gay, transgender, bisexual intersex and asexual,
not even Black’s Law Dictionary contains a definition on these classifications.

So how can we be certain if one person belongs to the LGBT community?

Do we have to be certain in one’s membership to the said community to

practice this bill as a law?

If we can’t ascertain an individual’s SOGIE, who are the benificiaries of this

House Bill?

So, we submit that we can’t implement this house bill and its provision if it
becomes a law.

Moving on to my second point.

Legalizing SOGIE bill which provides special rights to the LGBT is sending a
message to others that they should also pass a law because they experience
discrimination due to certain reasons. Let us take color for example.
Senator Nancy Binay, member of the Committee on Women and Gender, cited
herself as an example.

Having been the subject of ridicule because of her dark complexion, she asked
during a senate hearing and I quote: “I've been discriminated upon based on
my color. Does that mean that I need to file a bill to protect people like me?”
End of quote.

Her inquiry proves our second point. People may get an idea that there is a
need to pass a bill because she was discriminated because of her color that
may lead to redundancy because there are many existing laws that should
protect us from discrimination.

And for my last point…

Passing this house bill will also pose a certain threat for the security of the
people. Particularly, in the event that a cisgender man, or what we know as
straight, pretends to be a transgender woman and enters a female restroom to
conduct a sexual harassment.

According to Section 4 of HB 4474, Discriminatory Policies, paragraph h, it is

unlawful to deny a person access to or the use of establishments, facilities
utilities and services, including housing, open to general public on the basis of
sexual orientation, gender identity and expression.

Furthermore, it would be unlawful for establishments to make available the

existing toilets with facilities designated for persons with disabilities and label
as gender neutral toilets:

In other words, a person, whatever his/her SOGIE is should be allowed access

to facilities open to general public.

Let us use the comfort room for example.

So, as mentioned in Section 4 paragraph H, it is also unlawful to let a person to
use the designated comfort rooms for persons with disabilities by the LGBT
community because being member of this community is not a disability.

Let us be open for possible outcomes. If they will not use PWD CR’s as
Gender Neutral Toilets, should establishments build another comfort room for
the LGBT community?

Do all public and private establishments have the capacity to build another
comfort room especially for businesses that have a small profit?

It will be mandatory. And of course it will be very costly for the owners of the
establishments. According to a 2017 Commission on Audit report,
improvement on comfort rooms will cost P295 million.

Take note, it is just only for improvement. How much more would it cost if
establishments will be mandated to build comfort rooms for them?

If we will build comfort rooms for the LGBT community how are going to \do
that?

Please note very well that there are various classifications of LGBT community
such as lesbians, gays,bisexuals and transgenders.

Is it one comfort room per classification or do we build one for all of them?

There are lot of possibilities that may happen.

According to the article of Fridae Connecting Gay Asia, published on

November 10, 2010.

Chin Chee Shyong was convicted under Section 494 of the Penal Code for
having a oral sex with another man in shopping mall toilet cubicle 9.
Is it possible that the comfort room that will be build for gender neutral toilet or
also known as third CR will be used as a sex place, specially for bisexuals?

If gender neutral toilet will be build it will be easier for them to do it again in
third CR.

More importantly, is this the national issue that we should raise this time amid
clamors of the rice farmers affected by the Rice Tarrification Law?

We should be open for more possibilities.

According to Section 4 paragraph h which we discussed earlier, it is unlawful to

deny a person access to or the use of establishments, facilities utilities and
services, including housing, open to general public on the basis of SOGIE.

Public and private establishments will need to allow them to use comfort room
of their choice. If it is for men or women.

This provision poses another important question:

What if a cisgender man try to pretend to be a transgender woman and enter a

comfort room for women but he have another motive and that is to conduct a
sexual harassment?

This provision can cause risk and trouble to the people.

What I am trying to say here is, there may be people who will take advantage
in that certain situation to conduct harassment.

Is there a way to define whether he is a cisgender man or he is just

pretending?
None! Because social orientation, gender identity and expression do not offer
a definite way for identification.

With all the arguments and evidences presented above. We the negative side
strongly oppose the House Bill No. 4474 because of its impracticability.

I rest my case, and I’m ready for interpolation.