Lawyers for Liberty (LFL) is concerned with the escalating religious rhetoric against the transgender community.

This followed the landmark constitutional challenge of Section 66 of the Negri Sembilan Shariah Criminal Enactment 1992 which criminalises men cross-dressing.

In a statement, LFL executive director Eric Paulsen cited several media statements, which among others termed the community as “cancerous” and called for “jihad”.

"As respected religious authorities and organisations with wide reach and influence, it is shocking and irresponsible for them to respond in such an exaggerated and unrestrained manner to an emotive issue, all the more so since the target is among the most vulnerable communities in Malaysia.

"What if some misguided persons were to take matters into their own hands or take vigilante action against transgender people in the belief they were performing jihad, defending Islam and God’s law against the transgender 'cancer'?" he asked.

To illustrate his point, Paulsen pointed out the religion-inspired hate crimes and mob violence in Pakistan, India and Myanmar.

“Further, there are other interpretations in Islam on how best to deal with transgenderism and the need to take into account justice, fairness, civil liberties, privacy and modern day changes including recognising gender identity disorder.

“There must be room for progressive thoughts and dialogue, rather than demonising and punishing the transgender people’s existence,” he added.

Paulsen argued that while Islam is undoubtedly important and recognised as the official religion, this does not make Malaysia a theocracy.

He reminded that Malaysia is founded on parliamentary democracy where the Federal Constitution, which is secular in nature, reigns supreme and guarantees fundamental rights and minority protection.

"Needless to say, the Negri Sembilan Shariah Criminal Enactment which is only a state enactment must be subservient to the Constitution.

"We applaud the Court of Appeal for protecting the transgender community’s right to personal liberty, equality, freedom of movement and freedom of expression," he added.

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