LGBT Rights in Sabah State

Sabah is governed by federal Malaysia law. Learn more
    Homosexuality
    ✖ Illegal (imprisonment as punishment)
    Gay Marriage
    ✖ Banned
    Censorship
    ✖ State-enforced
    Changing Gender
    Ambiguous
    Gender-Affirming Care
    ✖ Restricted
    Non-Binary Gender Recognition
    ✖ Not legally recognized
    Discrimination
    ✖ No protections
    Employment Discrimination
    ✖ No protections
    Housing Discrimination
    ✖ No protections
    Adoption
    ✖ Single only
    Intersex Infant Surgery
    Unknown
    Military
    ✖ Illegal
    Donating Blood
    ✖ Banned (indefinite deferral)
    Conversion Therapy
    ✖ Not banned
    Age of Consent
    N/A
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Public Opinion

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History

Homosexual activity in Sabah

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Homosexual activity in Sabah is illegal (imprisonment as punishment).

Current status
Since 1871
Illegal (imprisonment as punishment) under federal Malaysia law
Under Section 377 of Malaysia's Penal Code, ‘carnal knowledge against the order of nature’ is punishable by up to 20 years in prison with whipping. A subsection of the law also criminalises ‘gross indecency with another person’ with up to two years in prison.

In addition, Muslim citizens of Malaysia can be sentenced to fines, caning and imprisonment for conducting same-sex sexual relations under some states which imposes sharia law. The maximum sentence that sharia courts can impose for these acts is up to three years prison, fines of up to RM 5,000 (1,204 USD) and caning of up to six strokes or all three.

Same-sex marriage in Sabah

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Same-sex marriage in Sabah is banned.

Current status
Since 1826
Banned
Homosexual activity in Malaysia is illegal.
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Censorship of LGBT issues in Sabah

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Censorship of LGBT issues in Sabah is state-enforced.

Current status
State-enforced
Films with LGBT themes are subject to censorship or are banned from screening in Malaysia by the country’s film censorship board, while laws such as the Printing Presses and Publications Act 1984 and the Communications and Multimedia Act 1998 have been used to ban publications and block websites with LGBT content.

In July 2023, local authorities cut short a music festival after Matty Healy, the lead singer of The 1975, criticised Malaysia’s anti-LGBT laws before kissing his male bandmate onstage. The band was subsequently banned from performing in Malaysia, while the government tightened regulations regarding performances by foreign artistes in the country.

In August 2023, the government banned Pride-themed Swatch watches under the Printing Presses and Publications Act after confiscating them from shops in May, on the grounds that they were harmful to morality and Malaysia's interests by “promoting, supporting and normalising the LGBTQ movement that is not accepted by the general public”.

However, the Communications and Multimedia Act does not cover the censorship of streaming services, allowing films and series with LGBT content to stream on platforms like Netflix in the country.

Right to change legal gender in Sabah

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Right to change legal gender in Sabah is ambiguous.

Current status
Since Jan 1, 2016
Ambiguous under federal Malaysia law
In Malaysia, there have been different court decisions about legal gender recognition applications, with inconsistent results. In addition, fatwas (religious edicts or opinions) on transgender persons issued by either state Fatwa Committees or the Fatwa Committee of the National Council for Islamic Religious Affairs of Malaysia carry weight in public opinion and government policies, influencing the outcomes of these cases. Fatwas can even become law if published in the State Gazette.
The most progressive case on the matter was JG v Pengarah Jabatan Pendaftaran Negara (“JG”) (2005). The court followed the Australian case of "Re Kevin" and rejected the "Corbett" view of sex as immutably fixed at birth. In the absence of legislative guidance, the court held that medical experts should determine gender, and with both physical and psychological aspects examined by doctors, the court found that the applicant was female and allowed to change the last number on her Identity Card (marking her as female).
However, the reasoning in "Re JG" is not always found instructive in other courts hearing legal gender recognition cases. In 2013, in Kristie Chan v. Ketua Pengarah Jabatan Pendaftaran Negara (2013), the Court of Appeals rejected a gender recognition application by a transgender woman who had undergone gender affirming surgeries overseas. The court did so on the ground that there was no medical evidence from Malaysian experts on whether gender affirming surgery “changes a person’s gender”.
In 2016, another High Court level case, Tan Pooi Yee v. Ketua Pengarah Jabatan Pendaftaran Negara (2016) allowed a transgender man to obtain legal gender recognition after evidence of surgeries, finding the court’s standard of proof in "Re Kristie Chan", which insisted on chromosomal requirements, to be “impossible” and “unjust”. However, in 2017, the Court of Appeal found in favour of the National Registration Department (the government body that issues national identity documents) when it appealed that High Court decision.
In 2021, several ministries including the Prime Minister's Department rejected SUHAKAM's (the Human Rights Commision of Malaysia) proposal to conduct a study on the feasibility of specific laws in Malaysia to recognise transgender people. They said that "recognition of the third gender should not be allowed" and that such a campaign is "inappropriate" in the Malaysian context.
Until Jan 1, 1983
Legal, but requires surgery
Before 1983, it was possible for trans people to change their legal gender after receiving surgery.

If medical opinion states that the individual is their
desired gender, courts should comply and legally recognise
the desired gender. (High Court in Re JG)

Gender-affirming care in Sabah

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Gender-affirming care in Sabah is restricted.

Current status
Since Jan 1, 1997
Restricted
In 1997, Malaysia adopted the ICD-9 classification, which included codes allowing for the diagnosis of transsexualism in adults.

Malaysia banned gender affirming surgeries (but not hormonal treatment) in 1983. Transgender people generally go to Thailand to receive care.
Until Jan 1, 1997
Banned
Medical transition is not possible

Legal recognition of non-binary gender in Sabah

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Legal recognition of non-binary gender in Sabah is not legally recognized.

Current status
Not legally recognized
Not legal to change gender identity,no nonbinary recognition
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LGBT discrimination in Sabah

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LGBT discrimination in Sabah is no protections.

Current status
Since 1826
No protections
As homosexuality is illegal in Malaysia, there are no protections for LGBTQ+ community
Sources:
The constitution of Malaysia (1826)
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LGBT employment discrimination in Sabah

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LGBT employment discrimination in Sabah is no protections.

Current status
No protections
No protections against discrimination for LGBT+ in a work place
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LGBT housing discrimination in Sabah

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LGBT housing discrimination in Sabah is no protections.

Current status
Since Jan 1, 1826
No protections
Proposed full housing discrimination protections by Malaysian Human rights watch.
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Same-sex adoption in Sabah

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Same-sex adoption in Sabah is single only.

Current status
Since 1826
Single only
Date reflects beginning of British colonization of Malaysia. Homosexuality is illegal in Malaysia.
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Intersex infant surgery in Sabah

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Intersex infant surgery in Sabah is unknown.

Current status
Unknown

Serving openly in military in Sabah

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Serving openly in military in Sabah is illegal.

Current status
Illegal
According to Wikipedia.
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Blood donations by MSMs in Sabah

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Blood donations by MSMs in Sabah is banned (indefinite deferral).

Current status
Banned (indefinite deferral)
Donating Blood for same sex partners is banned in Malaysia (indefinite deferral).
Sources:
web.archive.org/web/2016080…//pdn.gov.my/pdn/index.php?option=com_content&view=article&id=92%3Akriteria-penderma&catid=34%3Arandom-posts&Itemid=169&lang=en
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Conversion therapy in Sabah

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Conversion therapy in Sabah is not banned.

Current status
Not banned
the government is trying to fund conversion therapy for transgender People. Homosexuality is currently illegal. Minister of Islamic Affairs Condemns bullying and discrimination against LGBT People in Employment.

Equal age of consent in Sabah

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Equal age of consent in Sabah is n/a.

Current status
N/A
Homosexuality is illegal in Malaysia , therefore there's no age of consent for homosexuals.
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