Currently, our world divides people up clearly into two sexes: male and female. Yet estimates from 2002 in the United States show that 1 in 100 babies are born with some anomaly in sexual differentiation. Sometimes with both female and male sexual organs - what is better known as 'intersexed' or 'hermaphrodite' - and sometimes with genitals that do not conform to what has been constructed as 'normal'. As a result, almost 5 babies that are born per day are given medical surgery according to the subjective judgements of the doctors and parents present. This is considered common medical practice; yet when Wong Chiou Yoong wanted the law to recognise his status as a man consequent to surgical intervention, the courts refused him. One of the primary reasons being, Wong's sexed status is held to be fixed at birth.

Contradictorily, genital surgery is practiced on infants without consideration for their opinions later in life. On the other hand, when adults have given due thought and consideration to their sexual status and take action for transformation, they are denied recognition. Either way, a lot of pain is caused from our irresolute desire for the world to be sexed unambiguously - even when actual life and the sciences we develop to explain humanity (such as biology and psychology) point the other way.

The issue is complicated. On the face of it, we are comfortable with only two social identities (gender) that are purportedly culled unproblematically from the two biological differences we are born with (sex). However, as can be seen, biology is sometimes far from clear. Further, to assume that a person's sense of self in relation to gender and sex is only determined by physicality is to erroneously overlook the importance of emotions and thought in understanding who we are.

The study of psychology has demonstrated the importance of the mind in making sense of the body we inhabit. We cannot artificially sever the link between psychical make-up and our material self in order to force a coherent understanding of how the world is divided. Imagine living daily in a body that you feel alienated from, that you do not comprehend and cannot relate with. The experience is beyond words and explanation. Only those who have lived with this reality can understand the depths of its complexity and the difficult struggles faced in every step of the way to being recognised as wholly human.

Whether or not we believe transsexual identities to be 'wrong', the response we give in the process shapes our ethics as a nation. As of yet, advocates for and against transsexuals cannot come to an agreement regarding the 'cause' of this phenomena, which further augments the complexity of this matter. But we cannot unravel this through a refusal to acknowledge their existence as valid human beings. The resolute disregard for transsexuals' own sense of identity that we have thus far shown, has resulted in a range of unjust, discriminatory practices towards them.

Often, the significant transsexual population in Malaysia (studies have estimated the male to female transsexual population to be around 10-50 thousand; not enough data can be found for the female to male equivalent) faces numerous forms of prejudice and exclusion. They are rejected from their family and community, harassed and persecuted by religious and police authorities, refused employment and sometimes, have to even resort to sex work in order to sustain themselves. This exposes them to a range of other risks to their health and future such as sexually transmitted diseases, violence and exploitation. Non-recognition by the law means that they cannot live a normal life in society; they cannot raise a family with the ones they love, have medical and insurance benefits in their own struggled for identities, undergo burial rites in accordance to their religious beliefs or even have the freedom to choose what to wear without fear of humiliation and persecution.

This reflects shamefully our lack of compassion as a nation. It also demonstrates our small-mindedness in dealing with the issue of difference. From these responses, it shows that we are more willing to surrender our friends, family, neighbours and fellow citizens to suffering and pain caused by our own willful ignorance rather than open up our minds to recognise that life is not always neat. If the law is an obstacle, we have to realise that it is our quiet submission that supports its continued operation. As our understanding develops with a real commitment to equality and justice, then so too must the law move with new knowledge. We cannot afford to give simplistic justifications for our perpetuation of harm and isolation towards the transsexual communities in our presence. We are different, but the same, each seeking to live our individual lives together in the multiplicities existing in our society, with freedom, dignity and recognition.

Jaclyn Kee
14 November 2004

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Fortnightly Column by WAO on Sunday Mail