Transgenders have different identities from their bodies, defends Dr M

(Malay Mail Online) – Tun Dr Mahathir Mohamad explained today that transgenders have different gender identities than the bodies they are born with, in apparent defence of the sexual minority group.

The former prime minister also said that both females and males wear similar apparel in current times, and there is no longer an obvious divide on what constitute men’s clothing or women’s.

“We have to remember that there are those who were born with indeterminate sex. There are those who look like males, but are actually females. There are those who look females but are actually males.

“So their feelings are different from their appearances,” said Dr Mahathir, who was a practising medical doctor before he entered politics.

Dr Mahathir gave his explanation after a man who was not part of the media posed the question in a press conference at the Kuala Lumpur Summit 2014 here.

The man asked whether Shariah judges should sit together in civil courts after the Court of Appeal ruled last week that a Negri Sembilan Shariah law outlawing cross-dressing is inconsistent with the Federal Constitution.

The three transwomen who challenged the Shariah law contended that transgenders suffer from the medical condition of Gender Identity Disorder (GID), and the court ruled that the Shariah law failed to take into account medical evidences.

Lawyers for the applicants had presented in court that they are medically diagnosed with GID under the Diagnostic and Statistical Manual of Mental Disorders Fourth Edition, consistent with “the desire to dress as a female and be recognised as a female”.

The Court of Appeal’s three-man bench also unanimously ruled that the Shariah law contravened constitutional provisions that guarantee personal liberty, equality, freedom of movement, and freedom of expression.

It stressed that while the state is empowered to enact laws even involving the matters of Islam, it must not contravene the Federal Constitution that is the supreme law of the land.

The Negri Sembilan government has since said that it will soon file an appeal to the Federal Court on the Court of Appeal’s decision, claiming that Section 66 of the Negri Sembilan Syariah Criminal Enactment 1992 should be looked from the religious point of view.

“Transwomen” or “transgender” are terms used to refer to those who were born male but associate themselves with the female identity, and have nothing to do with sexual preferences.