Liberty Politics
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Malaysian Court Decrees Criminalization of Gay Sex is Unconstitutional
Posted
March 8, 2021
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532
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March 8, 2021
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12:19Now PlayingOn February 25th, a gay Malaysian man won a breakthrough court battle against Selangor state’s Islamic ban on sex “against the order of nature,” drawing the LGBTQ community one step closer to wider acceptance of gay rights in a predominantly Muslim country. Malaysia’s Federal Court declared that the Selangor state law — which criminalized consensual gay-sex, marking it an offense under shariah law — is unconstitutional. The state legislature has no authority to enact those laws; therefore, the law is invalid because Parliament’s legislation governs these offenses. The plaintiff, whose name is withheld to protect his privacy, filed his petition after being arrested in 2018 for ‘attempting gay sex’ in Selangor. He denies the accusation. While this ruling is in regard to only one state within Malaysia, local activists are hailing the decision.
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