Regardless of sexual preference, all persons are equal in the eyes of God and in the eyes of the law. You do not kill anyone because of their sexual preference.

No, I did not forget. On 1 December of this year, we observed the fourth anniversary of Joseph Scott Pemberton’s conviction for homicide for the killing of Jennifer Laude, a transgender. The story of Jennifer was described by Dean Merlin Magalona as the “personification of the death of Philippine sovereignty.”

The Laude story is undisputed. The sex-starved American Marine met Laude and a companion in a bar frequented by trans in Olongapo. They agreed on a threesome but, for some reason, Laude’s trans companion opted to go with someone else. Laude then checked into a motel with Pemberton. She gave him oral sex. Afterwards, the marine groped her private parts and discovered that there was “something there that was not supposed to be there.” He apparently freaked and dragged Laude by the throat to the toilet and dunked her head into the toilet bowl that led to her death.

Death by asphyxiation was the cause of death.

While Pemberton was convicted for Laude’s death, our regret is that he was only convicted for homicide and not for murder. The fact that he was a masculine Marine with specialized training to kill apparently was not enough for the qualifying circumstance of abuse of superior strength. Neither was the cruel manner of killing her, by dunking her head in the toilet bowl, sufficient to prove cruelty, at least according to the judge. Worse, the judge ruled that Laude’s failure to disclose that she was a trans and the Marine’s intoxication were mitigating circumstances.

In truth and in fact, I think the judge played it safe. She had to convict the US Marine because of the evidence and to placate the public who were rightfully outraged. But at the same time, she was probably cognizant of the diplomatic ramifications of a conviction for murder. Certainly, the Aquino administration was pleased with the light sentence to placate their US masters. Well, thank goodness President Duterte came along. No promotion thus far for the Laude judge.

Unfortunately, Pemberton, courtesy of good behavior a la Sanchez, may be out of jail soon, if he has not been released altogether by now.

While my primary motivation for taking on the case was to question the constitutionality of the Visiting Forces Agreement for giving only American servicemen the special treatment of a special detention facility in case of conviction and remaining under the jurisdiction of US authorities while undergoing trial, inevitably, we’ve had to espouse too the right of equality for the LGBTQ community. Why should non-disclosure of being a trans be considered a mitigating circumstance for murder? The fact was Pemberton found Laude sexually appealing as is. The reality that she still had a male organ did not make her less sexy to him. And given that there was attraction while both were still clothed, why should there be prior disclosure when the organ did not affect the sexual attraction to begin with?

The bigger issue of course is, regardless of sexual preference, all persons are equal in the eyes of God and in the eyes of the law. You do not kill anyone because of their sexual preference. I do regret that the relatively light penalty imposed on Pemberton sends the message that it’s okay to be enraged when one is purportedly deceived by a trans. The rule apparently is for trans to disclose their gender! Where did this come from?

The death of Laude highlighted the rights particularly of the transgender community. It gave the public a chance to appreciate their humanity and the fact that they should be treated equally as human beings. Today, the likes of Jess Labarte, the first transgender to be hired as cabin crew by Cebu Pacific, prove that there is now greater acceptance of the transgender community. It took the death of Laude for the trans community to be where they are today.

11 October was also the fifth death anniversary of Laude. Jennifer, wherever you are, your death was not in vain.