Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Malaysia face severe challenges not experienced by non-LGBTQ residents.
In 2015, the Human Rights Watch (HRW) stated that "Discrimination against lesbian, gay, bisexual, and transgender (LGBT) people is pervasive in Malaysia.
[18] In 1993, Kelantan passed Syariah Criminal Code (II) Enactment 1993 that stipulated the implementation of hudud law, including for same-sex sexual acts.
In 2015, Kelantan re-enacted this shariah criminal code so that non-Muslims are fully exempt from the law, however its provisions are still unenforceable due to the limits set by Act 355.
[22] In 1995, the Religious Affairs Minister of the state of Selangor praised the Islamic Badar vigilante groups, who had organised in 1994, to assist in the arrest of 7,000 individuals for engaging in "unIslamic" activities such as homosexuality.
[34] In November 2019, a shariah court found five Muslim men guilty for "attempting" gay sex, under section 28 of Selangor's sharia law, and they received fines, imprisonment and six strokes of the cane each.
[42] On 25 November 2024, the Kuala Lumpur High Court ruled that the seizure conducted by the Home Ministry was illegal, as it was done without warrant and was carried out before the prohibition order was issued.
Printing Presses and Publications Act 1984, or PPPA, is a piece of federal legislation that is often used by the Malaysian government to ban and censor books or items relating to LGBTQ in Malaysia.
[80][81] In May 2023, some 172 Pride Collection watches sold by Swatch were seized under the PPPA by the Home Ministry for containing "LGBTQ elements" in a nationwide raid.
[85] A woman convicted of musahaqah may also, in replacement or in addition of her sentence, be ordered by the Islamic court to be committed to an approved home for up to 6 months under Section 56 of the Act.
[88] A woman convicted of musahaqah may also, in replacement or in addition of her sentence, be ordered by the Islamic court to be committed to an approved home for up to 6 months under Section 52 of the Enactment.
Additionally, persons convicted for cross-dressing offences may also be subjected to community service, or "counselling" and "rehabilitation" session in a religious institution for not more than 6 months.
[92][21] Additionally, Section 58 also criminalised "sexual intercourse against the order of nature" of any person with another man, woman, or animal, for which the punishment is up to RM5,000 fine, up to 3 years imprisonment, or up to 6 strokes of whipping, or any combination thereof.
[93][86] In November 2014, the Court of Appeal in a judicial review filed by three Muslim men diagnosed with gender identity disorder ruled that Section 66 of the Negeri Sembilan Enactment is unconstitutional and invalid as it violates the fundamental liberties protected by the Federal Constitution.
[86][101] Muslims convicted of cross-dressing may also, in replacement or in addition of their sentence, be ordered by the Islamic court to undergo "counselling" or "rehabilitation" under Section 66 for not more than 6 months.
[105] Alternatively, the now-invalid Section 28 also criminalised "sexual intercourse against the order of nature" by anyone with another man, woman, or animal, with punishment of up to RM5,000 fine, or up to 3 years imprisonment, or up to 6 strokes of whipping, or any combination thereof.
[106][107] Section 30 of the Enactment also criminalised the act of a male person posing as a female in public "for immoral purposes", with penalty of up to RM1,000 fine, or up to 6 months imprisonment, or both.
[108][86] Section 76 of the Enactment also criminalised "sexual intercourse against the order of nature" by any person with another man, woman, or animal, with punishment of up to RM5,000 fine, or up to 3 years imprisonment, or up to 6 strokes of whipping, or any combination thereof.
Section 92 of the Enactment do not contain the "for immoral purposes" criterion found in majority of other states' shariah law, which mean cross-dressing for whatever reason in Sabah is illegal as long as it is done in a public place.
[113] Human Rights Watch reports that state-level Sharia (Islamic) laws prohibit cross-dressing, and transgender people "face arbitrary arrest, physical and sexual assault, imprisonment, discriminatory denial of health care and employment, and other abuses.
[114] In 1998, 45 Muslim transvestites were charged and convicted in court for dressing as women, and 23 more transgender persons faced similar fines and imprisonment in 1999.
), which denigrates, defames, or otherwise devalues a person or group on the basis of race, ethnicity, religion, nationality, gender, sexual orientation, or disability and is prohibited.
Publicity for the event featured videos of several Malaysian citizens proclaiming their queer identity, calling for the equality of LGBTQ rights.
[128] In April 2015, Nisha Ayub, a transgender woman and activist, aided three Muslim trans women in challenging the Sharia legislation outlawing males cross-dressing as females in the state of Negeri Sembilan through the JFS organisation.
The speech pointed out that Malaysia rejected the recommendations of a coalition of twelve Malaysian LGBTQ organizations on gender identity and sexual orientation.
He also felt that the national criminal laws against homosexuality ought to be reformed to protect consenting adults' rights to have a private life, although he also stated that same-sex marriage "is going a bit too far".
[149] Ex-Malaysian Prime Minister Najib Razak made clear in a speech in August 2015 at an international Islamic moderation seminar in Selangor, that he believed Malaysia should not support LGBTQ rights.
Several other groups such as Sisters in Islam, Women's Aid Organisation, and Amnesty International also have dealt with sexual orientation issues within their public health advocacy.
Since the first official case of AIDS appeared in the nation in 1985, the government has been under more pressure to promote education and prevention campaigns as some experts have suggested that the number of Malaysians infected with HIV could go as high as 300,000 by the year 2015.
[151] However, in 2007, Malaysia's Ministry of Health was banned from advocating the use of condoms to prevent the spread of the disease due to a concern that such a campaign would be equated with a governmental endorsement of sexual conduct outside of a legal marriage.