Clauses in the federal constitution to protect against discrimination do not apply to sexual preferences, Deputy Minister in the Prime Minister’s Department Mashitah Ibrahim (left) told the Dewan Rakyat today.
Therefore, the constitution does not protect lesbians, gays, bisexuals and transgenders or their lifestyles from government control measures.
“Article 8, Clauses 1 and 2 of the federal constitution define gender not based on sexual preferences but on whether a person is a male or female,” Mashitah explained.
She said this in reply to a supplementary question from Ngeh Khoo Ham (DAP-Beruas, during Question Time.
Ngeh asked whether the government would consider scrapping the stringent anti-LGBT laws, which are based on religious doctrine, and enact laws that are more fair to all and which do not discriminate against the LGBTs.
“Article 8 Clause 1 gives the guarantee that “all persons are equal before the law and entitled to the equal protection of the law” while Clause 2 states that “there shall be no discrimination against citizens on the ground only of religion, race, descent, place of birth or gender”.
The Article has often been brought up against laws or regulations that discriminate against groups or communities.
Answering another supplementary question from Mohd Jidin Shafee (BN-Setiu), Mashitah said that Malaysia doesn’t allow men or women who change their sex via surgical operations to change their gender in registration documents as sex-change operations has been declared as being proscribed by the Fatwa Council in an edict.
She was fielding questions after replying the original question from Jidin, who asked to what extent the government is moving to arrest the spread of LGBT in Malaysia.