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Friday, November 05, 2004
A Tale of Two Transexuals



BERNAMA reports that a 33-year-old woman, who underwent sex change two years ago, failed in her attempt to be legally recognised as a male when the High Court here dismissed her application in a landmark decision. In dismissing the application, the Justice concerned said it was not for the court to decide as transsexuals did not exist in Malaysian law jurisdiction and the remedy lies elsewhere. Pray where?
The Justice further added ::
"At the same time, although transsexual cannot be left in legal limbo, the remedy is elsewhere. Perhaps there is need for consideration whether it should be legislative measures regarding scientific and societal development...in future, it will have far reaching ramifications in matters of employment, pension and others," he said.

He said the issue of transsexual also might raise serious human rights issues but the court felt it was up to Parliament to deal with the matter as it required changes to the law.


The Justice also fired a shot in the direction of the NRD Director-General, who had also recently tried to pass the buck regarding request of change of MyKad gender listing to the courts.

The applicant who claims being born with both male and female sexual organs [a hermaphrodite::a child of the Sun and Moon], had filed the application with the High Court here last year after failed attempts to alter her/his birth certificate and identity card at the NRD. Upon recommendations by a consultant psychiatrist, who found the applicant to be mentally a male although physically a female, a 'gender reassignment' operation was carried out. The applicant presently carries a MyKad stating the gender as male but the number is that of a female. This show that the NRD is not never wrong, there are many males carrying cards with even numbers and vice versa. Gender assignment at birth is also a hazard in a few cases, it looks like iin this country you can only be male or female, a category called 'gender indeterminate presently' should be created especially for those with ambiguous genitalia at birth. At the present, it looks like the remedy for the position Ms/Mr Wong is in cannot be found with the NRD or Courts and lies with Parliament. Whether Wong is a He or She has far reaching consequences and a remedy need to be found, will Parlaiment rise to the occasion?

The story regarding the 2nd transsexual has a better ending. It is about the triumph Denmark’s Mianne Bagger. She made history on Wednesday when she became the first transsexual to qualify for the Ladies European Tour (LET). Bagger, who was born a male but underwent sex change surgery in 1995, carded a fourth-round 77 at Riva dei Tessali Golf Club in Taranto to join 35 other players with full exemption for next year’s tour.




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