“THE LEGALIZATION OF LGBT INCLUSIVE RESTROOMS”

JOHN DAVE STA.ANA

JANUARY 2020
 CHAPTER I

INTRODUCTION

According to science in the theory of evolution or the

“theory of evolution by natural selection,” which was proposed by

Charles Darwin and Alfred Russel Wallace in the nineteenth century.

Human beings evolved from apes. So, if we believe this theory, there

must be a third sex among our ape descendants.

From the original two genders, there are now four genders. Man,

woman, “masculine female-bodied” and the “feminine male-bodied.” In

this generation and in present times, they are called, lesbian, gay,

bisexual and transgender (LGBT).

LGBTQ is an initialize that stands for lesbian, gay, bisexual,

transgender and queer. The initialize LGBTQ is intended to emphasize a

diversity of sexuality and gender identity-based cultures and is

sometimes used to refer to anyone who is non-heterosexual or non-

cisgender instead of exclusively to people who are lesbian, gay,

bisexual, or transgender. To recognize this inclusion, a popular

variant adds the letter Q for those who identify as queer and are

questioning their sexual identity as LGBTQ, recorded since 1996.

Whether or not LGBTQ people openly identify themselves may depend on

whether they live in a discriminatory environment, as well as the

status of LGBTQ rights where one lives.

 A recent incident in a mall in Cubao, Quezon City involved a

transgender who was refused entry to a female restroom by the

janitress. The transgender woman, Gretchen Diez, confronted the

janitress, which triggered an altercation. The mall’s security guard

intervened and handcuffed the transgender and had the incident

blottered at the police station, accusing Diez of unjust vexation.

In the bill, Santiago defined unjust vexation as “any person

who commits a course of conduct directed at a specific person that

causes substantial emotional distress in such a person and serves no

legitimate purpose shall suffer the penalty.The incident brought the

bill to the fore again on legislation of gender equality.

Should homosexuals have their own separate comfort rooms? For

Provincial Board Member Arleigh Sitoy the answer is yes. He believes

that it is high time to end the confusion of what public restroom

should a member of the third sex enter given the present set up wherein

there are only male and female comfort rooms available.

Sitoy has proposed an ordinance requiring owners and operators of

business establishments in the Province of Cebu to designate a separate

restroom exclusively for lesbians, gays, bisexuals and transgenders or

LGBT.Sitoy said that as human beings LGBTs should be accorded the same

rights, dignity and respect for them to feel safe, comfortable and

convenient in using public restrooms.

 The members of the third sex however have also different opinions

on the proposed ordinance. There are those who welcomed it but are

opposed.Transgender woman Gretchen Diez, who was prevented from

using the ladies' room at a Quezon City mall, does not agree with

a lawmaker’s call for separate restrooms in commercial

establishments for members of the LGBT community. “It’s not about

changing the establishment or the infrastructure. It’s about

changing the mindset of the people,” Diez said.“That is not what

we need. We don’t need additional infrastructure. We need

acceptance. We need understanding," she added.

Diez said a third toilet after the ladies and men's rooms may even

add to the discrimination against members of the LGBT community because

it meant "separating them from men and women."

The main purpose of this research is to explore the experiences

and know the perspectives of the LGBT individuals in having a restroom

for the LGBT Individuals. It is also the researchers' concern to know

what they are feeling while they’re inside the public restroom.

Promoting restroom for the LGBT Community is also the researchers'

target to give equality in restrooms.

STATEMENT OF THE PROBLEM

This study focused on the LGBT rights when it comes to

restrooms.Specifically this study answers the following

questions:

1.What is the effect of having a separate comfort rooms for

LGBT members?

2.What do they feel when using the restroom? Do they feel

comfortable or more discriminatory?

3.Is there any significant difference when using the restroom

before and after conducting an extra infrastructure?

OBJECTIVES OF THE STUDY

This study generally aims to determine the effect of having

a separate comfort rooms for LGBT “HOMOSEXUALS”.

This study,specifically,it aims to:

1.Determine the experience or the feeling of the LGBT members

when using public restroom before having a separate restroom.

2. Determine the experience or the feeling of the LGBT members

when using public restroom after having a separate restroom.

3.Describe the significant differences in using public restroom

before and after conducting a separate restroom.

 SIGNIFICANCE OF THE STUDY

The significance of this research is to promote segregated

restroom for the third genders individuals in any kind of third

genders. And for the researchers to know the feelings and

experiences of the third gender individuals while they are inside

a public restroom. Not only the bathroom will be promoted but

also to promote gender equality inside the restroom not only

there but also to the Society.

The research will also be beneficial to the following:

Student.Results of this research would help them to respect

more and accept lgbt members In the society.

School administration. The result of this research would help

them in planning,conducting activities and programs that would

help LGBT members shape and heal themselves.

Parents. This research would help them know that their children

is safe and comfortable when it comes to their rights on using

restrooms this would be a great help for them to monitor their

children’s safeness.

Future reserchers.The results of this study would serve as a

basis and support for the effectiveness of having a separate

restroom for LGBT members.It may also serve as a reference

material for those researchers who wants to develop their

researches related to this study.

SCOPE AND DELIMITATION OF THE STUDY

This study focused on the Legalization of restrooms for the LGBT

members. The scope of our research are AMA COMPUTER LEARNING

CENTER students who are in LGBT Community that are struggling to

enter a public restroom. Males and females are excluded in the

research making them the delimitation of this research.

 CHAPTER II

REVIEW OF RELATED LITERATURE AND STUDIES

With the rationale of developing deep understanding and

scrutiny of the current study, the researchers gathered and

accumulated related literature and studies from unpublished

materials, printed and online media related to the definite

concern of the study. All these hoarded information and insights

gave evident support and acted as steering principles leading to

better understanding of the study.

ATENEO DE DAVAO DESIGNATES “ALL GENDER” RESTROOM

Yuji Vincent Gonzales is the person who wrote and made this

article because of Tabora. Tabora is the president of the ADDU

(Ateneo De Davao University) he approve the “all gender

restroom”. Because he respect all of the decisions of the LGBT’s

involved. So he approve the restrooms for 3rd gender and there are

so many LGBT’s in ADDU ( Ateneo De Davao University). That He

asked Witness, they had a hard time to go to the restroom because

of discrimination of the people around them.The dialogue of

Tabora is “Increase understanding and respect for the human needs

and sacrifices of all”. The relationship of this article to the

researchers Proposition is the discrimination towards those who

are in Third Gender Individuals. And the president who approved

the all gender restroom. Those who are in third gender, gained

respect and gender inequality.

GENDER INCLUSIVE RESTROOM TASK REPORT

According to the research of Dot brauer and Sherwood Smith

entitled “Gender -Inclusive Restroom task Report” and research

of Matthew Kopas entitled “The Ilogic of Seperation: Examining

Arguments about Gender Neutral public Bathrooms” those

researchers say that third-gender restroom is a must to prevent

crimes or discriminations for the non gender confirming people.

Although some of the individuals judgement might not change, but

Promoting the third gender restroom can help those who are in

third gender lessen their decretion of the discrimination that

they’ll receive.

LPU APPROVES GENDER NEUTRAL BATHROOM IN UNIVERSITY

The Article was made by Koji Arsua, Released at year 2017.

The Lyceum of the Philippines University (LPU) approved a request

to install two gender neutral restrooms. Allowing students

regardless of gender identity to use it. The relationship if this

article to the researchers Proposition, having a Restroom for 3 rd

gender individuals in a university has a lot of good benefits and

if the Lyceum of the Philippines University (LPU) has already

approved this. The researchers believe that it will also be

approved to Centro Escolar University (CEU).

SEX, GENDER, TOILETS AND SOGIE

The Article was published by Sylvia Claudio and has been

released at year 2012. According to Sylvia Claudio, the presence

of other movements like those working to end poverty and the

rise of the movements of Gay, lesbian, Bisexual and Inter sex

peoples have been presented real challenges to our early

conceptions of sex gender. So to end gender inequality, promoting

of segregated restroom for the third gender individual is a

must. The connection of this article to the researchers

Proposition is to promote the gender inequality which is

connected in promoting Segregated restroom for the third gender

individuals.

Emotional Distress among LGBT Youth

According to Almedia, J. (2009), she evaluated the emotional

distress among 9th-12 grade students, and examined whether the

association between being lesbian, gay, bisexual, and/or

transgender (“LGBT”) and emotional distress was mediated by

perceptions of having been treated badly or discriminated against

because others thought they were gay or lesbian.

 RELATED STUDIES

According to President Rodrigo Duterte's idea for lessening

discrimination against LGBTQ+ (lesbian, gay, bisexual, trans, and

queer) people is to put up "3rd restrooms" for

them.Duterteinclined to support 3rd restrooms for them, so they

have their own.Asked if by 3rd restroom, Duterte meant gender-

neutral restrooms, Panelo said, "Just for LGBT. Just for them,

not both."However, Panelo later on said that he himself would

support restrooms "common to all," regardless of gender, which is

the concept of a gender-neutral restroom.But the concept of "3rd

restrooms" has been rejected by Gretchen Diez, the trans woman

who was prevented from using a woman's restroom in a mall and has

since used her experience to call for the passage of the SOGIE

(Sexual Orientation and Gender Identify and Expression) equality

bill.Diez had said that the establishment of 3rd restrooms could

even boost discrimination against LGBTQ+ persons.

In 2012, the Department of Education (DepEd), which oversees

primary and secondary schools,enacted a Child Protection Policy

designed to address bullying and discrimination in schools,

including on the basis of sexual orientation and gender identity.

The following year,Congress passed the Anti-Bullying Law of 2013,

with implementing rules and regulations thatenumerate sexual

orientation and gender identity as prohibited grounds for

bullying andharassment. The adoption of these policies sends a

strong signal that bullying and discrimination are unacceptable

and should not be tolerated in educational institutions.

In 1996, LGBT individuals and groups held a solidarity march

to commemorate Pride in Manila, which many activists describe as

the first known Pride March in Asia.Lawmakers began introducing

bills to advance the rights of LGBT people in the country in

1995, including variations of a comprehensive anti-discrimination

bill that has been reintroduced periodically since 2000.In the

absence of federal legislation, local government units across the

Philippines havebegun to enact their own anti-discrimination

ordinances that prohibit discrimination on the basis of sexual

orientation and gender identity. As of June 2017, 15

municipalities and 5 provinces had ordinances prohibiting some

forms of discrimination on the basis of sexual orientation or

gender identity.
THEORETICAL PARADIGM

In this part of the paper, the researchers would introduce

the theory -- which in this case are the Social Constructionism

theory,Gender theory and Queer theory -- that would be utilized

to serve as the foundation for the progression of this study. A

detailed historical development and analysis on the chosen

framework will be provided so as to justify the utilization of

the chosen theories to the study.

According to Dale O’leary’s theory about the gender theory

in the 1950’s, the word sex refers to the reality of being male

and female. Gender is how people identify for who they are and

for people to know what’s their sex preference. “Sex” is for how

the community sees the people, Female and male Biologically. Dale

also mentions that False beliefs should be eliminated so that men

and women will be able to participate in every activity of

society in equal numbers, Both male and Female should be treated

equally.

The gender theory’s connection to the researcher’s

proposition is to also promote gender equality for the the LGBT

Community. The LGBT individuals will not only have benefits for

the segregated restrooms, but it will also resort to having them

lessen the discrimination. And for them to feel wanted and

accepted.

Queer theory is derived largely from post-structuralist

theory, and deconstruction in particular Queer theory would

suggest that history be a process of recognition.Starting in the

1970s, a range of authors brought deconstructionist critical

approaches to bear on issues of sexual identity, especially

heteronormativity and non-heteronormative sexuality. In "The

Politics of Inside/Out" Fuss asserts that the concept of "coming

out" and being visible has been normalized while simultaneously

contributing to the disappearance of queerness. By declaring

oneself to be visible and "out", one declares those who are not

to be invisible.

The theory was also influenced by Anglo-American cultures

in the HIV/AIDS activism of the 1980s and contemporary feminism

in the early 1990s.

Queer theory's overarching goal is to act as a lens or tool

to deconstruct the existing monolithic social norms and

taxonomies and investigate how and why they came into being. The

view is that these notions and norms are rigid organizing

categories that do not sufficiently explain different attitudes,

behaviors, or conditions of individual experiences. Authors

analyze the correlation between power distribution and

identification across multiple facets of oppression and

privilege. Feminist and queer theory are seen as applicable

concepts that provide a framework to explore these issues rather

than as an identity to those in the community. Queer is an

umbrella term for those not only deemed sexually deviant, but

also those who feel marginalized as a result of standard social

practices. (Giffney, 2004).

Social Constructionism theory is All discourses within

reality signify the communal interchange that has occurred in

society (Gergen, 1985). According to stam, social

constructionism has been incorporated in society’s culture

(2001). Social constructionism questions the reality and truth

that we exist in. It is an interdisciplinary science that aims

to fully understand human behavior and reality (Uk essays,

2015).
 Gender theory
(Dale O’leary)

Proposes that Both male

and Female should be treated
equally.“Sex” is for how the
community sees the people,
Female and male Biologically

Proposes that

Social Constructionism
(Thomas Luckmann)
sexuality,explor
es and contests
Queer theory

categorization
(Annamarie

Proposes

of gender and
Jagose)

grounded in

LGBT
that Queer

gender and

sexuality.
theory is

COMMUNITY
the

Figure 1. Theoretical Paradigm of the Study

CONCEPTUAL PARADIGM

CONCEPTUAL PARADIGM

This conceptual paradigm presents the system analysis

as a tool The following section will apply the Social

Constructionism theory,the Queer theory and Gender theory to

the entire context of this research paper. Through the

synthesis, analysis and critique of the theories presented

in the previous subsection of the paper, a clear-cut

framework built around this specific study may be

conceptualized as a foundation for approaching the research

problem and the analysis of output data.

This study aims to gain insight on the sample group’s

definition and views of the LGBT community, and what

possible factors may have shaped them to currently end up as

such. The designed methods of research, more particularly

the use of focused group discussions for soliciting the

participants’ viewpoints, will allow them to have subjective

insight on the LGBT community and, in the process, will

create or construct a social object

 ENGLISH SPEAKING
LEGALIZATION COMPETENCY AFTER THE
Legalization OF ENHANCEMENT
Of LGBT
LGBT Restrooms a. Confidence
Restrooms a. Discrimination b. Positive view
(Before) b. Negative view c. Acceptance
c. Parental
upbringing

Figure 2. Conceptual Paradigm of the Study

OPERATIONAL TERMS

Negative View. Perspectives are considered negative when

the viewpoints of the participants and of the individuals are

not only defined by cultural stigmas, misconceptions and

stereotypes but also when the object of this study, the LGBT

community, is painted in a negative light through the

association of discriminatory, or derogatory terms, words,

phrases, and ideas to the community as a whole.

Parental Upbringing. It is defined as the treatment and

nurturing of a child by its acting guardians that is

influenced by societal customs and traditions such as

religion. The parental upbringing would be defined by the

guardians.
 Positive View. The opinion and ideas of the participants

would be characterized as positive when the object of this

study, the LGBT community, is not being fully enclosed and

associated with the stigmas, misconceptions, and stereotypes

addressed in this study. Positive views would preferably be

defining the LGBT community in a positive light in which they

would be viewed as how the community itself prefers it to be

viewed by others.

Acceptance. The researchers define acceptance as the

state or condition wherein the LGBT community, rather than

being negatively defined as “deviant” in discourses, would be

viewed as a positive part of the cultural norm in discussions.

Specifically, when the perspectives imply the openness to

their existence, and identity as a community of individuals

and the acknowledgement of their preferred nature.

 CHAPTER 3

RESEARCH METHODOLOGY

This chapter describes and discusses how the researchers will

be gather the necessary data and information that will be used in

the entire study. It describes who will be the respondents and

focus of the research. This also shows the procedure of data

collection, procedure of analyzing data and instruments used;

these chapters also discuss the research design of the study, and

the research locale where the study will be conducted.

RESEARCH DESIGN

This study used the Phenomenological method of qualitative

research that aims to determine the struggles of LGBT members who

experiencing Gender Discrimination and how they able to cope up

when they encounter discrimination in their life.

RESEARCH LOCALE

The study was conducted at the ACLC-NAGA located at 4F

Emall,Naga city,Camarines Sur with the Grade 11 and 12 students

as the respondents.

THE RESPONDENTS

The respondents of the study were the Grade 11 and 12

students of ACLC-NAGA who are part of the LGBTQ+ community.

RESEARH INSTRUMENT

The instrument used by the researcher is an interview

questions. The interview questionnaire was made by the researchers

based on their needed information about the study of selected LGBT

members in a community.In this research, the researcher used six

instruments, as follows:

A. Survey Questionnaire

It is used to obtain data based on the respondents’ profile

and the factors that affect students’ speaking competence and the

strategies preferred by the students when speaking skills is

involved.

B. Camera

Camera is one of the most important instruments used in this

research. It was used to document the process of this research.

DATA GATHERING PROCEDURE

To gather data, the researchers went to the selected

community and make an interview to the selected LGBT members. The

interview will be composed of multiple questions to assure the

factual answer of the respondents.

STATISTICAL TOOLS

The data obtained was tabulated and interpreted using the

appropriate tools.

Survey Questionnaires were utilized for the collection of

data such as the profiling of the students, factors affecting

their English Speaking Competency and the strategies preferred in

speaking.

DATA ANALYSIS

The researchers analyzed the data in a descriptive way. The

researchers described the result from the interviews, survey and

tests conducted once. The results were used to determine the

struggles of the students when using a public restroom and their

opinion about having a seperate restroom for LGBT people.