In a significant ruling on October 28, 2024, the Federal Court of Malaysia dismissed a woman’s appeal to be legally recognized as male following her sex reassignment surgery in Thailand in 2011.
The court determined that the issue had already been addressed in previous legal proceedings.
Background of the Case
Following the surgery, she consulted four local doctors in Malaysia, all of whom provided medical reports supporting her application to change her gender on her MyKad. However, her application was initially denied by the national registration department, prompting her to pursue legal action. According to Free Malaysia Today, the Federal Court had previously ruled against her request for a judicial review in 2013, advising her to pursue a civil action instead.
Legal Arguments Presented
In her latest appeal, the woman’s lawyer, Chong Joo Tian, argued that she deserved to be recognized as male following her surgery. He challenged the application of the legal principle known as res judicata, which prevents the same issue from being re-litigated or reconsidered after a final decision has been made.
He argued that her situation warranted a fresh review of her case.
On the other hand, senior federal counsel Ahmad Hanir Hambaly represented the government, arguing that both her civil suit and the judicial review application were grounded in the same facts.
He emphasized that this meant she could not present the same facts again in her civil action.
Court’s Conclusion
The bench, consisting of Chief Judge Abdul Rahman Sebli, Justice Hasnah Hashim, and Justice Abu Bakar Jais, decided that the case was not appropriate for further review.
This ruling emphasized the difficulties individuals encounter in gaining legal recognition of their gender identity in Malaysia.
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