Ivan Fenech’s opinion piece (November 4) carried the headline ‘Sex is not an option’.

The Gender Identity, Gender Expression and Sex Characteristics Act does not claim otherwise. It does, however, differentiate between gender and sex. The former is a question of psychology whereas the latter is a matter of biology.

While for most individuals gender and sex are aligned, for transgender persons this is not the case, which is why a Bill allowing for an individual’s self-declared gender identity to be recognised irrespective of biological sex is needed. Doing away with the requirement for irreversible sex reassignment surgery, as is currently the case, ensures that gender identity recognition is not dependent on forced sterilisation, which is a serious human right infringement.

The Bill recognises that trans persons are not sick or mentally ill and is in line with the international transgender movement that seeks to depathologise trans identities.One of the major problems that are faced by trans persons is their inability to ‘pass’ in their affirmed gender due to difficulties which they encounter when their official identity documents do not match their gender expression. This leads to embarrassment, distress and difficulty in accessing education and employment.

Establishing the right to gender identity and facilitating the process of recognition address the root cause of these difficulties and makes it more likely that trans persons fulfil their potential.

Claiming that gays and lesbians in a same-sex relationship would change their gender identity to marry is what is truly delusional, especially since Malta allows for civil unions at par with marriage and recognises marriages contracted abroad.

This Bill was drafted by the LGBTI consultative council, the minority which Fenech claims is being exploited by the government. Fenech’s portrayal of the LGBTI community is one lacking intelligence, knowledge and insight.

The one thing he can be sure of is that the LGBTI community will not stand to be patronised and will continue to advocate for their rights. We applaud Helena Dalli’s championing of the Act and hope that the debate on the Bill will lead to a better educated society more open to diversity.

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