LGBT rights in Malaysia
Lesbian, gay, bisexual, and transgender (LGBT) people in Malaysia face severe challenges not experienced by non-LGBT residents.[3] Sodomy is a crime in the country, with laws enforced arbitrarily. Extrajudicial murders of LGBT people have also occurred in the country.[4][5][6] There are no Malaysian laws that protect the LGBT community against discrimination and hate crimes. As such, the LGBT demographic in the country are hard to ascertain due to widespread fears from being ostracised and prosecuted, including violence.
LGBT rights in Malaysia
Illegal since 1871
Up to 20 years imprisonment with caning and fines. Muslim citizens may also be additionally charged in an Islamic court under Sharia, and foreigners may be deported.[1][2]
No
No
No
No
No
In 2015, the Human Rights Watch (HRW) stated that "Discrimination against lesbian, gay, bisexual, and transgender (LGBT) people is pervasive in Malaysia."[7] Over the years, there have also been cases of violence against individuals in Malaysia based on their sexual orientation, and are tolerated by the state.[8][9] Conversion therapy is practiced regularly in the country and is openly promoted by politicians and religious leaders.[10] In 2023, the Global Trans Rights Index ranked Malaysia as the second worst country in the world in terms of transgender rights, only after Guyana.[11][12][13]
With widespread anti-LGBT conversion practices, discrimination, and violence in the country supported by the state, Malaysia is one of the most homophobic countries in the world.[14][15] Social attitudes towards the LGBT community in the country are largely shaped by Islam, the official state religion of Malaysia, although a significant proportion of Malaysians of other religions such as Christians also holds strong homophobic views. Ever since at least the 19th century, mores of Malaysia strongly disapproves of homosexuality and transitioning, which impacts public policy. As a result, LGBT rights are not pursued by any political parties.
History
Malaysia retains its criminal ban on sodomy (including oral sex involving the penis), which was enacted in 1871 when it was under British colonial rule (British Malaya).[16]: 34 It is broadly defined to include both heterosexual and homosexual acts, with possible punishments including fines, caning, and prison sentences of up to twenty years. A subsection of the Criminal Code also provides additional punishment for men convicted of "gross indecency with another male person".[17] In addition to the secular law, Muslim citizens may also be charged in special Islamic courts.[18][19]
There has been some public discussion about reforming the law so as to exempt private, non-commercial sexual acts between consenting adults. Some members of the major opposition party have expressed support for such a reform, most notably Latheefa Koya, but this is not the official position of the party. No political party or elected member of the Parliament has formally proposed such a reform.[18]
In 1994, the government banned anyone who is homosexual, bisexual or transsexual from appearing in state-controlled media.[20]
In 1995, the Religious Affairs Minister of the state of Selangor praised the Islamic Badar vigilante groups, who had organised in 1994, to assist in the arrest of 7,000 individuals for engaging in "unIslamic" activities such as homosexuality.[20]
In 2005, the Royal Malaysian Navy (RMN) chief Mohd Anwar Mohd Nor stated that the Navy would never accept homosexuals.[21]
In 2010, the Film Censorship Board of Malaysia announced it would only allow depiction of homosexual characters as long as the characters "repent" or die.[22][23] In 2017, Malaysia tried to censor Beauty and the Beast over some gay moments but eventually relented and let the movie be shown.[24][25] The censorship board also had no objections to the screening of Power Rangers even with a lesbian scene in the movie.[26][27]
In 2016, the High Court affirmed the right of a post-transition transgender man to reassign his gender on his national registration identity card.[28] The following year the judgement was overturned on appeal.[29]
In May 2017, the LGBT pride march organised by Taylor's University planned in June was cancelled due to Islamist pressure. The event was condemned by pro-Islamist blogs because it was disrespectful to do in the Islamic holy month of Ramadan.[30]
In September 2018, two women were convicted for attempting to have lesbian sex in a car parked in public area, and were fined 3,300 Malaysian ringgit and caned six times before an audience in a courtroom in Terengganu state. Prime Minister Mahathir Mohamad denounced the punishment, saying it "did not reflect the justice or compassion of Islam".[31]
In May 2019, a gay bar in the capital Kuala Lumpur was raided by police and religious enforcement officials, while a transgender woman was beaten up by a group of assailants in Seremban, near Kuala Lumpur. The minister in charge of Islamic affairs also came under fire from activists and other ruling party lawmakers, after he ordered the removal of portraits of two LGBT activists from an art exhibition.[1]
In November 2019, a court found five men guilty for "attempting" gay sex, under section 28 of Selangor's Sharia law, and sentenced them to fines, imprisonment and six strokes of the cane each. The five men were arrested during a 2018 raid on a private residence in Selangor, in which a total of 11 men were arrested.[32]
In 2021, a man who was arrested on sodomy charges filed a lawsuit against the state government of Selangor. Subsequently, the Federal Court of Malaysia declared that any state laws within Malaysia can not be in conflict or override with clear federal laws banning gay sex.[33][34][35]
In 2022, Malaysian authorities raided a Halloween party, arresting dozens of participants that were a part of the LGBTQ+ community.[36] Numan Afifi, an LGBT rights activist who was among those arrested, referred to it as "outrageous state oppression".[36]
In 2023, Malaysian authorities seized rainbow-coloured watches made by Swatch from its Pride collection. Eleven shopping malls with Swatch outlets around Malaysia, including in the capital Kuala Lumpur, were raided in May.[37] In July, Swatch stated that they will sue Malaysia.[38]
In July 2023, English pop rock band The 1975 was forced by the organisers of Good Vibes Festival to prematurely end their performance after their lead vocalist Matty Healy criticised the country's widespread anti-LGBT laws and kissed fellow band mate Ross MacDonald. Healy added that they initially didn't want to visit Malaysia, stating that "I made a mistake. When we were booking shows, I wasn't looking into it," he said. "I don't see the fucking point... of inviting The 1975 to a country and then telling us who we can have sex with."[39][40][41][42] Human rights and LGBT activist Peter Tatchell, writing for The Guardian wrote that criticism of Healy and the band "deflect attention from where the criticisms should be most urgently directed: against the homophobia of the Kuala Lumpur regime." He also expressed that Healy is no white saviour for showing solidarity to the community as "queer rights are a universal human right, not a western one".[43] That same month, 8 individuals were arrested by the police in Kuala Lumpur for staging a demonstration supporting LGBT rights.[44]
On February 9, 2024, the Federal Court of Malaysia struck down 16 Sharia-based Kelantan state laws; parts of which covered incest, sodomy, and cross-dressing. However, this ruling does not affect anti-LGBT laws at the federal level.[45]
Adoption and family planning
Based on the Adoption Act 1952 (Adoption Act) and the Registration of Adoption Act 1952 (ROAA), there is no restrictions for a single person to adopt regardless of sexual orientation or gender identity.[46]
Blood donation
Homosexuals and bisexuals are prohibited from donating blood by the National Blood Centre of Malaysia. This policy seems to be gender neutral, since it doesn't explicitly mention the gender that is prohibited from donating blood.[55]
Public opinion
A 2013 Pew Research Center opinion survey showed that only 9% of the Malaysian population believe homosexuality should be accepted by society, while 86% believe it should not.[56] Malaysia was one of the countries in Asia polled with the least acceptance of homosexuality.
A poll by Pew Research Center released in September 2023 found that support for same-sex marriage in Malaysia has risen to 17%. 59% of Buddhists, 35% of Christians and 49% of Hindus support same-sex marriage.[57]