Arts and Social Sciences

Monash University Malaysia is jointly owned by Monash University and the Jeffrey Cheah Foundation

To marry or not to marry: The law and sexuality rights in MalaysiaSharon A. Bong

Monash University Malaysia is jointly owned by Monash University and the Jeffrey Cheah Foundation

Malaysia in Southeast Asia

Monash University Malaysia is jointly owned by Monash University and the Jeffrey Cheah Foundation

Census 2010 Malaysia: religions

Monash University Malaysia is jointly owned by Monash University and the Jeffrey Cheah Foundation

Census 2010 Malaysia: ethnic groups

Monash University Malaysia is jointly owned by Monash University and the Jeffrey Cheah Foundation

Malaysia: Law & sexuality rights Malaysian context:

social-legal limits Global context:

Sexuality rights To marry or not to

marry, that is the question

To marry or not to marry, that is not the only question

Monash University Malaysia is jointly owned by Monash University and the Jeffrey Cheah Foundation

Malaysia: social-legal context Secular law No gender-based

discrimination (Federal Constitution)

Marriage = man + woman (Marriage and Divorce Act 1976) void (man + man)

‘unnatural offences’ (377 Penal Code)

Religious (Syariah) law

Heteronormative: incest prohibited (Islamic Family Law)

Liwat (gay sex) & musahaqah (lesbian sex) (Syariah Criminal Offences)

Monash University Malaysia is jointly owned by Monash University and the Jeffrey Cheah Foundation

Sexuality (WHO) “a central aspect of being human throughout life [that]

encompasses sex, gender identities and roles, sexual orientation, eroticism, pleasure, intimacy and reproduction. Sexuality is experienced and expressed in thoughts, fantasies, desires, beliefs, attitudes, values, behaviours, practices, roles and relationships. While sexuality can include all of these dimensions, not all of them are always experienced or expressed. Sexuality is influenced by the interaction of biological, psychological, social, economic, political, cultural, legal, historical, religious and spiritual factors” (WHO 2010).

Monash University Malaysia is jointly owned by Monash University and the Jeffrey Cheah Foundation

Sexuality rights: Yogyakarta Principles the right to universal enjoyment of human rights the right to equality and non-discrimination the right to recognition before the law the right to security of the person the right to privacy the right to found a family the right to participate in public life

Monash University Malaysia is jointly owned by Monash University and the Jeffrey Cheah Foundation

Same-sex marriage: Rev. Ngeo Accused of promoting

extremism among Malay-Muslims

“It’s my right to celebrate my joy with the people I care about…The government can make noise…but they’re not welcome here”

Monash University Malaysia is jointly owned by Monash University and the Jeffrey Cheah Foundation

Same-sex marriage: Ariff Reactions: “disgrace”,

“rot in hell”, “want to vomit”, come home to be “saved”

“I just want to get by without upsetting anyone or causing any trouble. My overriding concern is for my family”

Monash University Malaysia is jointly owned by Monash University and the Jeffrey Cheah Foundation

Apple & ThomasFirst lesbian couple to publicly wed

Monash University Malaysia is jointly owned by Monash University and the Jeffrey Cheah Foundation

Marriage equality debate To marry, or not to

marry, that is the question

Break the silence on taboo topic

Make visible GLBTIQ persons & life stories

Government & religious as anti-gay (homophobic)

To marry, or not to marry: that is not the only question

Sexuality politicised sexuality education

Legalise same-sex marriage implement all sexuality rights

gender-sexual justice for all

Monash University Malaysia is jointly owned by Monash University and the Jeffrey Cheah Foundation

“false choice” universalism vs. religions“I long for the day when people are simply given the choices to determine who they are, who they love and who they want to tell that to, while their families and communities are allowed to support them. And that together, we are recognised through our love for each other rather than our hate” – Pang Khee Teik