Cross dressing law unconstitutional, says lawyer
(FMT) – Three transgender individuals challenged the unconstitutionality of the Negeri Sembilan state Syariah law that prohibits them from expressing their gender identity at the Putrajaya Court of Appeals today.
All three identify themselves as female but are described as ‘male’ in their identity cards. They were arrested because the state religious officials considered their attire to be feminine.
Their lawyer, Aston Paiva, said the court’s decision will “effect the public at large because the law breaches the constitutional rights of anyone who dresses or acts like a woman in Negeri Sembilan.”
Section 66 of the Syariah Criminal Enactment 1992 prohibits Muslim men from dressing, posing and behaving like women. Offenders face a maximum jail term of six months and a maximum fine of RM1,000.
“The Federal Constitution comes first and it does not discriminate between who is Muslim and who isn’t,” Paiva said in his submission.
Two years ago, Justice Siti Mariah Ahmad, said that the Muslim transgender women should be exempt from the Federal Constitution because they are subject under Syariah law.
The High Court in October 2012 held the appellants must adhere to the law as they are Muslims and are born male.
Paiva told Judges Mohd Hishamudin Mohd Yunus, Aziah Ali and Lim Yee Lan that this law has subjected his clients to numerous arrests, sexual assaults, physical and psychological violence and, breach of privacy.
Paiva stated that Section 66 is inconsistent with the fundamental liberties guaranteed by the Federal Constitution.
“Article 8(2) of the constitution, forbids discrimination against citizens on the grounds of gender in any law. Section 66 is also biased in the way that it only affects males dressing as women and not the other way around,” he said.
