Lady Gaga 'gay anthem' censored in Malaysia

Singer's single Born This Way is censored by Malaysian radio stations for 'offensive' references to homosexuality.


Lady Gaga's new single has been censored by Malaysian radio stations, with officials citing its "taboo" references to homosexuality. While Born This Way tops charts around the world – and hit No 4 on at least one Malaysian chart – radio reps said the track could be found offensive by "general Malaysians".

Apparently Malaysian radio loves Born This Way's hooks – just not its lyrics. "The particular lyrics in Born This Way may be considered as offensive when viewed against Malaysia's social and religious observances," AMP Radio Networks, the country's top private radio operator, explained to the Associated Press. Although its stations continue to broadcast Lady Gaga's song, the choruses' references to being "gay, straight or bi, lesbian [or] transgendered" have been bleeped out. "[This] issue ... is still considered as a taboo by general Malaysians," AMP insisted.

Born This Way is an undeniably pro-gay song – Elton John has referred to it as "the new gay anthem". But the track is hardly a policy statement for homosexual rights: there are no lines about marriage, civil unions, or the Universal Declaration of Human Rights. Instead, Gaga sings: "A different lover is not a sin ... No matter gay, straight or bi, lesbian, transgendered life, I'm on the right track, baby... I was born this way". Last week, the star explained the song's "point" on Twitter: "[It's] to fight for something that not everyone believes in," she wrote. "To overcome adversity with a message."

A Malaysian gay rights activist has called on Lady Gaga to protest against the radio stations' decision and ban them from playing any of her songs. Radio should be "a platform for marginalised voices and [creating] understanding," Phang Khee complained, "not perpetuating ignorance and hate." But the problem is only partly with AMP Radio: the stations claim they must respect Malaysia's obscenity laws, which prohibit songs that violate "good taste or decency or [are] offensive to public feeling". Stations face fines of up to $16,000 (£9,920) if they fall foul of government watchdogs.

Homosexual acts are criminal offences in Malaysia, and its politics are heavily influenced by the country's laws. Officials have previously cracked down on concerts by Black Eyed Peas, Avril Lavigne and Adam Lambert.

Sexual orientation,parents and children

Lesbian and Gay Parents

Many lesbians and gay men are parents. In the 2000 U. S. Census, 33% of female same-sex couple households and 22% of male same-sex couple households reported at least one child under the age of 18 living in the home. Despite the significant presence of at least 163,879 households headed by lesbian or gay parents in U.S. society, three major concerns about lesbian and gay parents are commonly voiced (Falk, 1994; Patterson, Fulcher & Wainright, 2002). These include concerns that lesbians and gay men are mentally ill, that lesbians are less maternal than heterosexual women, and that lesbians' and gay men's relationships with their sexual partners leave little time for their relationships with their children. In general, research has failed to provide a basis for any of these concerns (Patterson, 2000, 2004a; Perrin, 2002; Tasker, 1999; Tasker & Golombok, 1997). First, homosexuality is not a psychological disorder (Conger, 1975). Although exposure to prejudice and discrimination based on sexual orientation may cause acute distress (Mays & Cochran, 2001; Meyer, 2003), there is no reliable evidence that homosexual orientation per se impairs psychological functioning. Second, beliefs that lesbian and gay adults are not fit parents have no empirical foundation (Patterson, 2000, 2004a; Perrin, 2002). Lesbian and heterosexual women have not been found to differ markedly in their approaches to child rearing (Patterson, 2000; Tasker, 1999). Members of gay and lesbian couples with children have been found to divide the work involved in childcare evenly, and to be satisfied with their relationships with their partners (Patterson, 2000, 2004a). The results of some studies suggest that lesbian mothers' and gay fathers' parenting skills may be superior to those of matched heterosexual parents. There is no scientific basis for concluding that lesbian mothers or gay fathers are unfit parents on the basis of their sexual orientation (Armesto, 2002; Patterson, 2000; Tasker & Golombok, 1997). On the contrary, results of research suggest that lesbian and gay parents are as likely as heterosexual parents to provide supportive and healthy environments for their children.

Children of Lesbian and Gay Parents

As the social visibility and legal status of lesbian and gay parents has increased, three major concerns about the influence of lesbian and gay parents on children have been often voiced (Falk, 1994; Patterson, Fulcher & Wainright, 2002). One is that the children of lesbian and gay parents will experience more difficulties in the area of sexual identity than children of heterosexual parents. For instance, one such concern is that children brought up by lesbian mothers or gay fathers will show disturbances in gender identity and/or in gender role behavior. A second category of concerns involves aspects of children's personal development other than sexual identity. For example, some observers have expressed fears that children in the custody of gay or lesbian parents would be more vulnerable to mental breakdown, would exhibit more adjustment difficulties and behavior problems, or would be less psychologically healthy than other children. A third category of concerns is that children of lesbian and gay parents will experience difficulty in social relationships. For example, some observers have expressed concern that children living with lesbian mothers or gay fathers will be stigmatized, teased, or otherwise victimized by peers. Another common fear is that children living with gay or lesbian parents will be more likely to be sexually abused by the parent or by the parent's friends or acquaintances.
Results of social science research have failed to confirm any of these concerns about children of lesbian and gay parents (Patterson, 2000, 2004a; Perrin, 2002; Tasker, 1999). Research suggests that sexual identities (including gender identity, gender-role behavior, and sexual orientation) develop in much the same ways among children of lesbian mothers as they do among children of heterosexual parents (Patterson, 2004a). Studies of other aspects of personal development (including personality, self-concept, and conduct) similarly reveal few differences between children of lesbian mothers and children of heterosexual parents (Perrin, 2002; Stacey & Biblarz, 2001; Tasker, 1999). However, few data regarding these concerns are available for children of gay fathers (Patterson, 2004b). Evidence also suggests that children of lesbian and gay parents have normal social relationships with peers and adults (Patterson, 2000, 2004a; Perrin, 2002; Stacey & Biblarz, 2001; Tasker, 1999; Tasker & Golombok, 1997). The picture that emerges from research is one of general engagement in social life with peers, parents, family members, and friends. Fears about children of lesbian or gay parents being sexually abused by adults, ostracized by peers, or isolated in single-sex lesbian or gay communities have received no scientific support. Overall, results of research suggest that the development, adjustment, and well-being of children with lesbian and gay parents do not differ markedly from that of children with heterosexual parents.

LGBT organizations in Malaysia

No interest group exists to promote LGBT-rights solely.

Instead a loose coalition of NGOs, artists and individuals have formed under the pretext of organizing the annual sexuality rights festival Seksualiti Merdeka. Seksualiti Merdeka, meaning "Independent Sexuality", is an annual festival consisting of talks, performances, screenings, workshops, and forums, to promote sexuality rights as a human right, to empower marginalized individuals and communities, and to create platforms for advocacy. Besides organizing the programmes of this annual festival, members of this coalition are also involved in letter writing campaigns, organizing regular film screenings and discussions, academic advocacy and training of trainers.

The groups involved in Seksualiti Merdeka have also on their own advocated for the rights of LGBT within the framework of human rights advocacy. These include established human rights organizations such as the Human Rights Committee of the Malaysian Bar, SUARAM, PT Foundation, KRYSS, Women’s Candidacy Initiative, Persatuan Kesedaran Komuniti Selangor (Empower), Purple Lab, Matahari Books, and The Annexe Gallery.

Several other groups such as Sisters In Islam, Women's Aid Organisation, Amnesty International also have dealt with sexual orientation issues within their public health advocacy. The focus on AIDS-HIV education has allowed for more public discussion of sexual orientation, gender identity and human rights.

PT Foundation, originally called Pink Triangle, focuses on "providing HIV/AIDS education, prevention, care and support programes, sexuality awareness and empowerment programes for vulnerable communities in Malaysia". The communities include MSM (men who have sex with men), transgender, sex workers, drug users, and people living with HIV. They are joined by other organizations, such as "LPG" (for gay men) and "OutDo" (for lesbians) which organize regular activities for their target communities

Malaysia: Fatwa bans lesbianism and "tomboy" behavior among women

Short hair is out too. Saudi Arabia, of course -- always at the forefront of this sort of thing -- takes it one step further. Though many Saudi women are overweight, they are discouraged from going to gyms and disrobing around other women, as that too may transform them into lesbians.

"Muslims Ban Lesbians In Malaysia," from Sky News, October 24:

The National Fatwa Council also forbade the practice of girls behaving or dressing like boys.

Lesbianism has been banned under an edict issued by clerics in Malaysia who ruled that "tomboy" behaviour was against Islam.

Abdul Shukor Husin, chairman of the council, said many young women admire the way men dress and behave - and branded it a denial of their femininity and a violation of human nature.

He said: "It is unacceptable to see women who love the male lifestyle including dressing in the clothes men wear.

"It becomes clearer when they start to have sex with someone of the same gender, that is woman and woman.

"In view of this, the National Fatwa Council have decided and taken the stand that such acts are forbidden and banned."

Under the edict, girls are forbidden to sport short hair and dress, walk and act like boys.

Male homosexuality - specifically sodomy - is illegal in Malaysia and punishable with up to 20 years in jail.

Well at least they're consistent and not enforcing double standards on the sexes.

Accusations of sodomy have twice been levelled against the opposition leader Anwar Ibrahim in what he says are politically motivated attempts to destroy him.

But lawyers say there is no provision banning lesbian sex in Malaysia's civil code.

The latest fatwa appears to be an attempt to push lesbianism towards illegality.

Harussani Idris Zakaria, the mufti of northern Perak state, said the council's ruling was not legally binding because it has not been passed into law, but that tomboys should be banned because their actions are "immoral".

He said: "It doesn't matter if it's a law or not. When it's wrong, it's wrong. It is a sin."

Malaysia’s Muslims ban lesbian sex and other “masculine behaviour

An Islamic body in Malaysia has issued a ruling that bans lesbian sex or other “masculine” activities for female Muslims. by Tony Grew

The National National Fatwa Council’s ruling could have legal ramifications in the country, which is 60% Muslim.

“It is unacceptable to see women who love the male lifestyle including dressing in the clothes men wear,” council chair Abdul Shukor said yesterday.

“(Masculine behaviour) becomes clearer when they start to have sex with someone of the same gender, that is woman and woman.

“In view of this, the National Fatwa Council which met today have decided and taken the stand that such acts are forbidden and banned.”

Homosexuality is not specified as a crime in Malaysia, but Section 377 of the penal code prohibits sodomy, which is punishable by up to 20 years in prison.

The same law is still in force in other former British colonies, such as India and Singapore.

There is also a prohibition on “gross indecency with another male person,” with up to two years in prison for those found guilty.

Cross-dressing is illegal under public decency laws.

Malaysia is governed by two different kinds of court – Sharia courts to govern Muslim civil matters and the state’s secular courts, which apply to the 40% Malaysians who are not Muslim.

It has been reported that yesterday’s ruling may lead to the criminalisation of lesbian sexual acts.

Last year a Sharia court in Malaysia annulled a marriage between a two women, one of whom is transgender.

The court, in southern Malacca, said Mohamad Sofian Mohamad and Zaiton Aziz would have to separate because Mohamad Sofian had female genitals, despite her male attire and close cropped hair.

Originally named Mazinah Mohamad, she was allowed to change her name due to an administrative oversight and the couple married in a Malacca mosque in 2002.

But the bride’s family soon filed a lawsuit against the couple on the basis that the groom was actually a woman.

Malaysia's Gay Threat

ON 15 Dec 2010, 32 year-old Azwan Ismail, a Malay-Muslim Malaysian, posted a video on YouTube in which he declared, “I am gay and I’m OK.”
One week later, he told the media that he feared for his life. And who could blame him? He now has the de facto minister of religion, the Perak mufti, PAS Youth, Muslim bloggers and several other Muslim organisations watching him, let us say, with great interest. One Muslim blogger even challenged the country’s leadership to kill Azwan, the insinuation being that if we were a real Islamic state, Azwan’s “confession” would be evidence enough to apply the death penalty. All this is apart from the numerous threats of violence and murder made against Azwan on YouTube and various other online forums. Azwan’s video, part of a series produced by sexuality rights initiative Seksualiti Merdeka, was eventually removed amid concerns for his safety.
These violent threats against Azwan have already been condemned by individual bloggers, citizens, and also civil society groups such as the Centre for Independent Journalism and the Joint Action Group for Gender Equality. These condemnations are necessary because whether or not one supports Azwan, violence and intimidation should never be allowed to enter into civil discussions of public interest.
But how feasible is it to have a calm and dispassionate discussion over an issue like this? We hear two extremes of the debate -pro-gay, pro-human rights on one end — and the decidedly anti-gay, self-professed “Islamic” on the other. Is the rest of the country similarly polarised? Or is the gap between these two extremes populated by a diversity of citizens who are either afraid, or ambivalent, or confused, or curious, or nonchalant? How can Malaysians of various backgrounds and beliefs weigh in on this matter when it has been cast by so many as a theological battle?

Facts versus ideology


Imam Feisal

First of all, there is nothing like a bunch of facts to mess up grand ideological claims. Certainly, condemnations of same-sex relations form a large body of Islamic jurisprudence and Quranic exegesis. No quarrel there. But there have also been disagreements among Islamic scholars regarding the issue of sexuality in Islam. Contemporary ulama and scholars such as imam Feisal Abdul Rauf and the Indonesian kiyai Husein Muhammad assert that prominent commentaries even from Islam’s classical era have acknowledged and probably tolerated sexual and gender diversity.
Historical and anthropological studies (for example Murray and Roscoe’s Islamic Homosexualities) have also raised evidence of non-heterosexual relationships within Muslim societies through the ages.

In light of these facts, why do the “representatives” of Islam in Malaysia insist that the debate on homosexuality is black and white and necessarily entails condemnation and violent punishment? And why is there a tendency, whether among anti-gay Muslims or pro-gay non-Muslims, to think of Islam as a “special case” when it comes to issues of sexuality, gender and human rights in general? Is this assumption valid?

Violence against non-heterosexuals has been used by those in power to interpret the foundational texts of many of the world’s major religions. Islam’s Abrahamic predecessors, Judaism and Christianity, have also had periods of great intolerance towards women, non-heterosexuals and non-believers.
Nevertheless, there are more nuanced debates happening now within these traditions. Liberal and Reform Jews no longer believe women are inferior or that lesbian, gay, bisexual and transgender (LGBT) individuals are condemned by God. Similarly, several leaders from the global Anglican Church are now making efforts to be more inclusive and less judgmental towards women, LGBTs, ethnic minorities, non-Christians and so on.


Sure, these movements are not unchallenged within their respective religious traditions, but the fact is that this inclusiveness also exists within Islam. However, Islam probably is a “special case” — in the sense that the laws of the state are used to stifle diverse views within the religion in Muslim-majority countries.

Implications versus possibilities

But let us, for a moment, imagine things differently. Imagine if the Islamic authorities had said, “Azwan Ismail, you are what you are, and we respect your decision.” What would be the implications of such a declaration? Would this mean that the authorities would need to overhaul our entire corpus of Islamic criminal laws? Would the authorities need to review Section 377 of the Penal Code?
Furthermore, would this mean that the authorities condoned same-sex relationships? If yes, would it then mean that they would have to recognise same-sex marriage? If yes, then what would it mean for the current understandings of Islamic marriage?
Already, there are numerous substantive and procedural issues in Malaysia’s Islamic Family Laws. How strictly or leniently do the authorities need to treat polygamous marriages? How strictly should the syariah courts compel men to pay maintenance to wives they have divorced, and their children? Are Muslim men really allowed to beat their wives? Are child marriages allowed in Islam?
These are not merely theological concepts— they have very real repercussions on individual lives and on the very notion of the Malaysian state. And so the fear that our “authorities” have towards LGBT Muslims, if we were to acknowledge their existence, is the fear of the unravelling of Islam — theologically, socially, legalistically and politically. This would explain the moral panic.
But where did we get this idea that an entire religion could disintegrate just by the admission of facts and reality? Where did we get this notion that if we didn’t use force or coercion, then religious adherence would cease? Is this in the foundational texts of Islam, or in any religion for that matter?

Certainty versus ambiguity

Perhaps a different illustration is called for here. The American Muslim scholar Scott Siraj Al-Haqq Kugle points towards a prominent hadith (utterance of Prophet Muhammad, peace be upon him) recorded in Sunan Abu Dawud, Book 41, No 5106), which says:

A man was with the Prophet (peace be upon him) and a man passed by him and said: Apostle of Allah! I love this man. The Apostle of Allah (peace be upon him) then asked: Have you informed him? He replied: No. He said: Inform him. He then went to him and said: I love you for Allah’s sake. He replied: May He for Whose sake you love me love you!”

The hadith is ambiguous about whether or not this is a platonic, spiritual or romantic love. It is, however, very specifically about love between two unrelated men and it is non-judgemental. Between the ambiguity and specificity of this hadith, then, lies a great unexplored space for further debate and understanding. By shutting down the debate, the “Islamic authorities” in Malaysia are denying our vast, diverse citizenry a chance to process for itself the deep wisdom inherent in Islamic tradition.

A vast and diverse citizenry includes those who have either friends, or siblings, or uncles and aunts, or children, or nephews and nieces, or even parents (yes, parents) who are non-heterosexual. Surely a robust theology would not ask them to condemn or punish their loved ones? Surely a relevant and kind theology would explore ways in which human relationships could be celebrated with love and mutual respect?

World is home to gays too

Each time political parties, be it the Barisan Nasional coalition or the opposition, condemn marginalised communities, it only reflects the stupidity of the party members who shoot their mouth off without understanding the issue affecting these communities.

One such foolishness was displayed by PAS Youth against American singer Adam Lambert’s concert in Malaysia in October last year. A self-confessed gay, Lambert’s concert, according to PAS Youth, promoted homosexuality and would be obscene, uncivilised and unsuitable. PAS Youth went so far as to chant “we oppose gay artistes”.

Well, Lambert came and performed, adhering to the strict rules laid out by the Culture, Arts and Heritage Ministry. What remains, however, is the fact that political parties in Malaysia have zero consciousness in understanding the truth behind the reality of life, that is, the world is home not only to the heterosexuals but also the homosexuals, bisexuals and transsexuals.

With regard to the Lambert issue, the fact that homosexuality is not a disease was made clear by the American Psychiatric Association (APA) in 1973. With its declaration, APA instantly “healed” millions of troubled individuals by simply saying “Never mind, go ahead with what you’re doing, just learn to live with it.”

This expert medical statement further strengthens the fact that homosexuality is not a dirty word for people to use and abuse. It is the mentality of parties like PAS Youth and the narrow-minded ulamas or Islamic scholars who keep badgering homosexuals as sick people that needs to be “healed”.

How did PAS Youth make the equation that Lambert’s concert advocated homosexuality? When in 2009 a former Cabinet minister was said to have sexually harassed a female bar worker, why did PAS Youth fail to wail that sexual harassment as an issue was taken lightly by the Cabinet?

When all else fails and stupidity is deployed, it is a clear sign that political bodies like the PAS Youth best close shop.

Respect or shut up

When Lambert himself had agreed to follow the guidelines to ensure his performance invited no controversy, what was bothering PAS Youth that it lost all modicum of sense? Yes, understood that PAS leaves no stone unturned in promoting Islam, a religion which states homosexuality as maksiat. But then Islam in itself is not a religion that passes judgment on fellow human beings; on the contrary, it is a religion that propagates love and compassion for God’s creation.

If PAS Youth was worried about Lambert’s antics on stage, then the concern could have been relayed in a mature manner with no personal attacks on homosexuals. Why can the political parties not “grow up” and understand an issue well before making a fool of themselves? It is shameful to witness time and again the third-class mentality of political parties in protesting against an issue they are ignorant about. If respect is hard to come by, then such party members best shut up.

When Puerto Rican singer Ricky Martin came out via his blog on March 30, 2010, did the world come to an end? No. Instead, for Martin, the announcement that he is gay was simply “too heavy for me to keep inside”. And he went on to say: “I think that sexuality is something that each individual should deal with in their own way. And that’s all I have to say about that.”

And when Martin spoke at the Human Rights Campaign national dinner in Washington DC about his coming out, he received support from the event’s keynote speaker Valerie Jarrett, senior adviser to United States President Barack Obama. Jarrett spoke of the string of gay teen suicides across the country and said: “No young person should have to endure a life of relentless taunts and harassment just because they are gay. On behalf of President Obama, I want to make it clear the administration is firmly committed to working with you and other advocates.”

For Martin, writing his memoir and thinking about his twin sons whom he fathered through a surrogate mother, were the catalyst for his coming out of the closet.

But in Malaysia, homosexuals are condemned. They are often portrayed as individuals with mental problems and require counselling to “return to the right path”. There are very few voices that dare lend support to these people. It is because of the existing fearful climate that many homosexuals here are forced to lead an “in the closet” existence.

Stop discriminating against homosexuals

It is an irony that while the homosexual community in Malaysia is low-profile, yet they are being discriminated against. The fear of being ostracised and losing their jobs has caused many gay men and gay women to keep silent about their sexual orientation, of not being able to talk about their relationship problems, if any, with their uninitiated straight or heterosexual friends.

It is a wonder how long more must the homosexual community in this country live a life surrounded by prejudice, fear, discrimination and condemnation? Why are homosexuals ridiculed for what they are and treated less human just because they have the courage to be truthful to themselves and lead an honest life?

Recently, fellow Malaysian Azwan Ismail found himself the target of condemnation when his confession on YouTube about being gay was chided by many and with some even making death threats against him. Azwan now fears for his life and avoids going out alone and hanging out in public spaces.

What was to be an extension of help on Azwan’s part has backfired all because of the degenerative mentalities that abound in Malaysia. Azwan’s purpose of coming out of the closet was never to seek attention or “popularity” but rather to give hope and respond to the many accounts of suicides and attempted suicides by the gay, lesbian, bisexual and transsexual teenagers and adults.

Azwan, likes the rest of the homosexuals in Malaysia, knows that homosexual activities are illegal in Malaysia but in spite of that, he gathered courage to lend support to fellow homosexuals abroad who were ending their lives because of the overwhelming feelings of fear and loneliness.

Perhaps it was an oversight on Azwan’s part in failing to realise the backlash that would come his way. Indeed, Minister in the Prime Minister’s Department Jamil Khir Baharom wasted no time in saying that gay activists were trying to promote homosexuality. He even said officials might take “appropriate action to prevent this from spreading because it would hurt Islam’s image”.

Would Jamil Khir care to clarify just how gay activists are promoting homosexuality? Obviously, this minister needs to be educated on the issue of homosexuality because homosexuality is not a campaign that can be promoted

.Making matters worse were the remarks from the ever-ignorant mufti of Perak, Harussani Zakaria, who said Azwan should not have made an open declaration that “derided his own dignity and Islam in general”. To Harussani, how is that being truthful to oneself can be deriding?

Then there was the jester, PAS Youth leader Nasrudin Hassan who wants the federal government to step up efforts to curb the activities of the homosexual community. He urged Jakim (Islamic Development Department) to act on gay activities at all levels as they were becoming increasingly pervasive. Nasrudin made his own conclusion that there were “shocking” attempts to promote the “gay culture” to the masses through films like “Anu Dalam Botol”, a film about a transsexual couple.

What about gay rights?

For the ill-informed Khir Jamil, Harussani and Nasrudin, Article 1 of the Universal Declaration of Human Rights states that “all human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in spirit of brotherhood”. Article 5, meanwhile, says “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”.

It is unfortunate that not only are Jamil Khir, Harussani and Nasrudin ignorant about the existence of the human rights charter, they also cling desperately to religion as their only barometer in gauging who deserves to live and who deserves condemnation.

The silent voice of Prime Minister Najib Tun Razak on this issue belittles his 1Malaysia propaganda where he goes on saying “People First, Performance Now”. What has Najib to say about the death threats received by Azwan, who is a citizen of Malaysia? Before Najib feigns ignorance over this issue, he should be reminded that his counterpart Barack Obama has nothing but respect and admiration for the gay community back in America. How does Najib view the lesbians, gays, bisexuals and transsexuals in Malaysia? Is there compassion or is there abhorence for them on his part?

The homosexuals in Malaysia are taxpayers and their votes makes a big difference in elections. But how does the goverment treat them? There is nothing but utter contempt for them. What is preventing the ulamas in this country from learning and understanding the issue of homosexuality? If the late Ayatollah Ruhollah Khomeini, leader of the Iranian revolution, could be persuaded by a pre-op transman in the early 1980s to issue a fatwa which declared that sex reassignment surgery was permitted since it was not mentioned as forbidden in the Quran, the holy text of Islam, what is holding the ulamas of Malaysia to think out of the box?

At the end of the day, it is all about understanding, acceptance and compassion which the politicians and ulamas in Malaysia do not have. This shows in the way they treat the marginalised communities, threatening and bullying them into so-called rehabilitation at the slightest opportunity available.

“Is being gay illegal in Malaysia?” and other simple questions we should know the answers to

“Is being gay illegal in Malaysia?” and other simple questions we should know the answers to

This article was first published in The Nutgraph on 3rd September, 2008 – It is worth re-visiting now.

Sexual wrongs and rights – By Alina Rastam -

“OF the plethora of absurd and disturbing events that have marred the political landscape this year, one of the most significant must surely be the charge of sodomy levelled against politician Datuk Seri Anwar Ibrahim — again.

In a surreal replay of the events of 1998, when then-prime minister Tun Dr Mahathir Mohamad accused him of sodomy, Anwar now finds himself again trying to clear his name of a charge which, under Section 377B of the Penal Code, could result in him being whipped and subjected to up to 20 years in prison.

In 1998, I wrote an article titled Out of the Closet and Into the Courtroom? Some Reflections on Sexuality Rights in Malaysia, as a result of being disturbed by various elements brought up by the Anwar sodomy charge. These issues included the fact that the gay community was being scapegoated in what was clearly — to me anyway — a case of political manipulation; and that very few individuals or non-government organisations (NGOs) were publicly challenging the rampant homophobia voiced by Mahathir and other politicians, enthusiastically taken up by our media.

In the article, I articulated my belief that the Anwar case should not just be seen as just affecting gays. The Penal Code, for example, does not prohibit homosexuality as such, but rather specific acts such as sodomy and fellatio. This means that anyone who engages in these acts, whatever their sexual orientation, can be penalised.

Thus the issue should be placed within the larger context of “sexuality rights”, which addresses not just the persecution of one group (e.g. gays) but any sexuality-based discrimination and persecution, covering a range of groups and orientations — gays, bisexuals, transsexuals, and heterosexuals — who engage in acts such as sodomy and fellatio.

I also called for civil rights groups in Malaysia to start putting sexuality rights on their agenda.

Stronger response against homophobia

A decade on, I find myself again writing an article about sexuality rights in Malaysia. I am glad to say that since 1998, there have been several positive developments in this area.

Then, very few NGOs thought of sexuality-based persecution as a human rights matter. If it came up at all, the issue was seen from a health perspective, linked, for instance, to HIV/AIDS and violence against women.

Today, several NGOs — the All Women’s Action Society (Awam), Women’s Aid Organisation (WAO) and Sisters in Islam (SIS), to name just three — have taken up a stand against sexuality-based discrimination. And there are also several initiatives within the arts community that now promote sexuality rights.

This time around, too, there has been a much stronger response from individuals and organisations to the homophobic discourses and opinions in the media arising from the sodomy charge. Far more Letters to the Editor have appeared — mostly on Malaysiakini.com — challenging homophobic sentiments, compared with the almost blanket silence in 1998 (Suaram and the Malaysian AIDS Council were the only voices of dissent then).

An article attacking homosexuals (Homosexual’s Life of Moral Decadence, 8 July 2008 (don’t you just love the title?) published by national news agency Bernama was roundly refuted by Malaysiakini columnist JJ Ray (Unbridled Ignorance, Courtesy of Bernama, 11 July 2008).

And a Letter to the Editor by Shanon Shah and myself (2 July 2008) condemning the state’s violation of human rights in its use of laws such as the Penal Code to persecute the Lesbian, Gay, Bisexual and Transgender community, which we sent to our friends and networks for support before forwarding to the media, garnered more than 150 signatures in 24 hours. Awam and Pink Triangle also signed the letter.

Such developments are heartening, but we must also be aware of the pressing issues facing sexuality rights advocates. One is the element that has arisen in the Saiful vs Anwar case this year, in which 23-year-old Mohd Saiful Bukhari Azlan swore on the Quran on 15 Aug that he had been sodomised by his former boss, Anwar.

Wrongs and rightsIslamic laws or practices are being brought into a sodomy case initiated under civil law. Bearing in mind that the shariah enactments in many states criminalise sodomy, this raises the disturbing possibility that Muslims charged with sodomy might one day be subjected to both shariah and civil penalties.

(Incidentally, I find it strange that Saiful has not been charged with sodomy himself, since under the Penal Code, it is not only the sodomiser but also the sodomised who can be charged. People can also be charged with sodomy regardless of whether the act was committed in a consensual or non-consensual situation.)

The second issue is that on the whole, those of us committed to sexuality rights know little about the legal landscape in this area. It is a challenge, for example, to find out what laws can be used against citizens to control and regulate their sexual behaviour and practices, how these laws can be used, and so on.

There actually exists a whole host of laws, such as the Minor Offences Act, which can be invoked against those deemed to be behaving inappropriately in public (the crux, of course, is in how you define this) and which has been used against transsexuals; and the shariah laws criminalising acts such as cross-dressing (for men) and homosexual sex (for men and women) in the various states.

And in 2003, we discovered that even a seemingly innocuous law like the Public Parks By-Laws (Federal Territory) can be used by the state in its moral-policing efforts: two college students were prosecuted by DBKL officers who accused them of behaving indecently in a public park (the students claimed they were only holding hands).

It appears, therefore, that an important strategy would be for sexuality rights advocates to start getting some idea of the legal landscape. This would be the first step towards pushing for legal reform to bring Malaysia in line with international standards such as the Universal Declaration of Human Rights, which states that no one should be discriminated against on any grounds.

In such an endeavour, I hope that sexuality rights advocates will not succumb to the temptation of drawing up an agenda that addresses only civil laws and leaves out the shariah element. It would certainly be easier to do that than to face the barrage of hostile attacks from some Muslim religious leaders and authorities, but this would be a grave betrayal of the many Muslims who are subjected to sexuality-based persecution and violation of human rights, and also Muslims who do not believe that Islam requires its adherents to be homophobic or sexist.

As long as one of us is being persecuted, all of us should feel concerned: it is in unity and not division that hope lies.

Alina Rastam is an activist, poet, trainer and lecturer. She thanks Tan Beng Hui for generously sharing her knowledge and insights on sexuality rights through the many years of friendship and activism they have shared.”

As gay as anywhere

As Gay as Anywhere- Collin Boyd Shafer

AUG 3 — Life for a gay person in Malaysia can’t be easy. After all, this “choice” of lifestyle is a crime. An act that is considered homosexual is punishable by a caning and a 20-year sentence.  Muslims face additional penalties under Syariah law.

Organisations like the People's Voluntary Anti-Homosexual Movement (PASRAH) have dedicated their efforts to eradicate homosexuality by supporting severe penalties and closing down gay gathering places.  Nevertheless, the country has a vibrant gay community that refuses to be intimidated.

Why do so many Malaysians continue this pointless crusade against homosexuality?  In a nation that wants to stand shoulder-to-shoulder with developed countries, it chooses to marginalise a double-digit segment of its people.

Yes — it is generally accepted that 10 per cent of any given human population is homosexual.  This statistic helps to explain why gay marriage is legal in many countries such as Argentina, Norway, Belgium, Iceland, the Netherlands, Spain, Sweden, Portugal, South Africa and, my homeland, Canada. 

Although issues over gay rights divide Americans, outright discrimination is widely recognised as wrong.  Even France has a gay ad for McDonalds. However, some Malaysians continue to choose to be more like Uganda and its laughable anti-gay activists. However, there is hope.

The idea of legalised gay marriage in Canada was unthinkable as recent as 10 years ago. Even today, Canadian homosexuals face discrimination — but it is not nearly as bad as it was a generation ago. My grandfather had a gay brother, and he was shunned by the family. It may have been justified back then, but I would be ashamed if my family did that now.

Evidence that things are getting better suggests that Malaysia may too go through a paradigm shift and become as accepting.  Let there be no doubt that despite the anti-gay laws: there is a pride movement in this country.

The year 2008 brought big changes with the creation of an annual event calledSeksualiti Merdeka. It is a sexuality rights festival held at the Annexe Gallery in KL aiming to “underscore the fact that even after all these years since Merdeka [independence], many of us are still not free to be who we are.”

As well, organisations like Pink TriangleFoundation Malaysia have given the LGBT (Lesbian Gay Bisexual Transgender) community a voice, are growing in size and support and continue to provide a safe place for those who have questions on sexuality.  Malaysia needs more events and organisations like these.

Some individuals are going above and beyond to give the gay community a voice. Jerome Kugan and Pang Khee Teik have put together an excellent collection of literary works from this marginalised segment of society called Body2Body: A Malaysian Queer Anthology . Malaysian gay people now have a positive and growing voice.

However, the biggest obstacle is perhaps the mainstream Malaysian media. As stated by activist Zaitun "Toni" Mohamed Kasim, “Sexuality in Malaysia, as with most other discourses in the country, is mired within a political system that teeters on ethnic and religious fault lines." Clearly, the media follows suit.

According to Alagappar & Kaur (Oct, 2009) of the University of Malaya in a study of the portrayal of homosexuality in Malaysia’s mainstream printed press, the media continually relies heavily on prominent politicians and religious leaders as expert sources when it comes to expressing judgment — instead of looking at psychologists or experts on sexuality.

Consequently, there is a less favourable representation towards homosexuality. They found that 74 per cent of the news articles published in New Straits Times were framed in a negative way. Furthermore, the media by highlighting the seriousness of the issue informs its readers that homosexuality is not acceptable within Malaysian culture.  Unfortunately, some people only know what they hear on the news.

One glance at the mainstream Malaysian media and the existing laws and an outsider would think that homosexuals in this country are social pariahs.  After all, a former deputy prime minister is on trial, again, for sodomy.

Interestingly enough, many gay Malaysians do not try to hide who they are.  Open displays of homosexuality are everywhere.  For example, tomboyism and lesbianism are more prevalent here than anywhere I have been before.

I have never seen so many girls in relationships with girls. This isn’t just liberal-minded or “butchy” females. There are many petite and dainty females in couples. A subculture of girls with short hair, baggy pants, and manly physique exists, and is as prominent as the Lady Boy phenomena in Thailand.

Tomboyism cannot be equated blindly with lesbianism, but there is most definitely a correlation.  Even more, traditional Muslim women in hijab can be found hand in hand with a lesbian partner. These people seem to be respected, employed, and accepted in civil society. Conservatives don’t like this, and in otherwise progressive year of 2008 a Fatwa was released on tomboys.  Thus far, it appears to be ineffective. Are you surprised?

Homosexuality is not on the rise, here or anywhere. Gay people have always existed, and to think it can be eradicated is crazy talk. It is merely the acceptance of homosexuality that is becoming more prevalent. Malaysian law and media opinion can both progress, and be the voice of the people — not just the conservative elites — and show the world what Malaysia truly feels about homosexuality.

Alternatively, they can continue to suppress and vilify these contributing members of society. Those individuals and organisations who are giving a voice to Malaysia’s gay population should be applauded. Sorry PASRAH and its supporters, gay people have and will always continue to exist. A small minority of Malaysians can continue to pretend all they want, but I am happy to say that the country is and will continue to be, as gay as anywhere else.

Homosexuality in Malaysia part 2

Homosexuality is a Crime Worse Than Murder'Interview with Malaysia's morality policeBy MAGESWARY RAMAKRISHNAN



Abdul Kadir Che Kob describes homosexuals as "shameless people" and homosexuality as a "sin worse than murder." Abdul Kadir is head of education and research at Malaysia's Islamic Affairs Department, which operates as the morality police with 50 enforcement officers across the country. These officers are empowered to arrest Muslims -- including unmarried couples, homosexuals, transvestites and transsexuals -- suspected of breaking Islamic laws. Last year, 111 men were arrested in Kuala Lumpur for "attempting to commit homosexual acts." Abdul Kadir spoke recently to TIME contributor Mageswary Ramakrishnan. Excerpts:

TIME: How does Islam perceive homosexuality?
Abdul Kadir: Homosexuality is forbidden in Islam. It is a crime worse than murder.

TIME: What do you think of homosexuals?
Abdul Kadir: They are shameless people.

TIME: Can it be wrong for two people to be in love?
Abdul Kadir: Love? How can men have sex with men? God did not make them this way. This is all Western influence -- and the gay people expect us to be open- minded?

TIME: Your department made 111 arrests in Kuala Lumpur last year compared with 165 in 1998 and 166 in 1997. Is this an indication that the number of gays is decreasing?
Abdul Kadir: No, I don't think so. Perhaps they have become smarter in avoiding us. Maybe the department received fewer complaints. We only act based on complaints. It is difficult to act otherwise. How would we know what is happening? We don't know what is happening behind closed doors.

TIME: What do you do when you receive a tip-off?
Abdul Kadir: Usually people give us precise information like where these men are. We then go to the place, say, a hotel room. We knock and force them to open the door, but they are usually fully clothed by then. We still charge them for attempting to commit homosexual acts.

TIME: What about those who say that people have a right to choose who they want to be with?
Abdul Kadir: What right are you talking about? This is a sin, end of story.

TIME: What about gay women?
Abdul Kadir: We have never arrested lesbian women. There are no complaints, maybe because it is difficult to gauge who is a lesbian.

TIME: What happens when gay men are arrested?
Abdul Kadir: We charge them in court, but before that we put them through what we call Islamic counseling sessions. They recite the Koran everyday and we will tell them they have committed a grave sin.

TIME: Do these people change?
Abdul Kadir: It is difficult to make them change; it has to come from within. I know there is very little effect. Out of 100 people, only one will change.

TIME: If your approach is not working, then why not abandon it?
Abdul Kadir: No, we have to tell these people they are doing something very wrong in the eyes of Allah [God]. It is a major sin. Gay people think being gay is a fashion.

TIME: Malaysia has three major ethnic groups -- Malays, Chinese and Indians. Is homosexuality more prevalent in some groups than others?
Abdul Kadir: It is prevalent among the Malays, I have to admit.

TIME: If homosexuality is just a fashion, why do you think so many Malay men are willing to risk arrest by your department?
Abdul Kadir: Like I said, this is a Western influence. They also operate very smoothly. Even if we know they are gay, we cannot arrest them unless we receive information about them. 

Countries that allow gay to serve in military

1.1 Albania
1.2 Argentina
1.3 Australia
1.4 Austria
1.5 Belgium
1.6 Bermuda
1.7 Canada
1.8 Republic of China
1.9 Colombia
1.10 Croatia
1.11 Czech Republic
1.12 Denmark
1.13 Estonia
1.14 Finland
1.15 France
1.16 Germany
1.17 Greece
1.18 Republic of Ireland
1.19 Israel
1.20 Italy
1.21 Japan
1.22 Lithuania
1.23 Luxembourg
1.24 Malta
1.25 The Netherlands
1.26 New Zealand
1.27 Norway
1.28 Peru
1.29 Philippines
1.30 Poland
1.31 Romania
1.32 Russia
1.33 Serbia
1.34 Slovenia
1.35 South Africa
1.36 Spain
1.37 Sweden
1.38 Switzerland
1.39 Thailand
1.40 Uruguay
1.41 United Kingdom