The recent incident regarding a transgender woman who was barred from using a women’s restroom in a shopping mall created issues that will not be resolved by the sweeping suggestion that separate toilets for individuals belonging to the Lesbian-Gay-Bisexual-Transgender (LGBT) community should be put up in public areas.
At this juncture, it must be stated that this essay is not intended to bash members of the LGBT. Its sole intention is to emphasize that some social problems cannot be solved overnight, even by legislation.
Putting up separate public toilets in public places is easier said than done. As every architect knows, it is more expensive to construct a toilet than to put up a room. It’s the plumbing that makes it expensive.
Every additional toilet will mean more additional water consumption. In turn, it means an increase in the water bill. Also, putting up an additional toilet requires additional space. From a mercantile perspective, an additional toilet translates to less space for commercial activity.
Putting up separate toilets for the LGBT community may not be a problem for large shopping malls and high-end hotels. They can afford the additional expense, or they can apportion some of their many existing toilets for LGBT use. Besides, they will just pass on the additional expense to their tenants.
Small restaurants and budget-class eateries may have a problem. The expense for constructing and maintaining an additional toilet will add to the overhead expenses, and will reduce whatever limited space they have for their customers.
In the long run, the smaller dining establishments may close shop and add more people to the unemployment line. That also runs afoul of the country’s policy of encouraging small- and medium-scale enterprises.
So far, there are no additional toilets for the LGBT community in the shopping malls and smaller restaurants and cafes. What happens now?
It’s easy to say that a transgender woman should be allowed to use the women’s rest room. A problem arises if there are women inside the women’s rest room who are not comfortable with an ex-male in their midst. What if they suspect that the transgender woman is not really a transgender?
Putting up a separate toilet facility for the LGBT community is the solution — or isn’t it?
What if a member of the LGBT community is not comfortable being in the same LGBT toilet with another member of the LGBT community? For instance, what will happen when a transgender woman protests the presence of a lesbian inside the LGBT toilet being used by the transgender woman?
In theory, a bisexual is entitled to use an LGBT toilet. From a practical perspective, however, it may not seem to be that way. Since a bisexual man can dress up in male attire and a bisexual woman can dress up in female attire, it is easy for one to claim to be a bisexual when he or she is not, and then demand access to the LGBT toilet. That will create a problem.
At the end of the day, Congress should not rush legislation requiring a separate toilet facility for the LGBT community. All potential problems must be considered first.
In the meantime, the practical solution is for the management of the shopping mall, building, commercial establishment or restaurant concerned to assign a security officer or employee to take care of complaints relating to untoward incidents involving any LGBT toilet user. That security officer or employee should be ready to provide protection to any LGBT toilet user who faces possible discrimination or harassment. In extreme cases, the management must seek assistance from barangay or police authorities to prevent discrimination against LGBT toilet users.
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