Progressive laws for a progressive society?

The Civil Unions Bill passed on April 14 last year, and the Gender Identity Bill enacted on April 1 this year were both highly anticipated laws, with the latter labelled by international media as “the world’s most progressive” and “cutting edge” identity bill. But did these laws have a tangible impact on the lives to gay, lesbian, transgender and genderqueer people on the island? We asked some prominent personalities forming part of this broad community on whether they thought these groundbreaking laws signal real change in society. 

Mina Tolu

Birdlife activist

I think the Civil Unions Bill and Gender Identity Bill were significant not just in legal terms, but also in bringing about social change in their own right as people began to talk about issues that might otherwise have remained somewhat taboo. 

Whether or not people agreed with civil unions, for instance, they were talking about them in a more public sphere, which means that young people will at least grow up feeling comfortable talking about these matters. The gender identity bill helped in much the same way. The concept of ‘intersex’ is virtually unknown even on the international sphere, with some people who are intersex not even knowing they are themselves. The bill has brought the subject into the more social sphere so that many now feel they can share their experiences without too much discrimination. 

Naturally there are still some problems that need to be addressed, particularly with regard to spaces for young people to meet and share their personal experiences. I think schools and education need to become a safe space for people to embrace diversity and feel comfortable with it.

Soraya Queen

Transgender hairsytlist

The situation is definitely much better now, as there is considerably less fear in being part of the community. I have personally always lived a fairly normal life, but I have always had problems with the ID card and passport issue, so the fact that this has now changed means that I get to live a much more peaceful life. I think it will also be easier for those who are not out as gay or transgender yet, to come to terms with it and say it to the people in their lives. 

The main issues I can pinpoint are not related to laws or rights as I think we have quite a lot to be content with. The biggest hurdles remain the way society accepts you, and treats you until it does. There are still people out there who will treat gay and transgender people badly, but that, I hope, will change in time.

Felix Busuttil

Dance company director

First and foremost we should be proud that Malta is indeed one of the most humane countries in the world – the word “progressive’ is very debatable as it might denote that Malta has some kind of agenda to appease or give in to lobbying that might be deemed as unnecessary or futile. These laws are humane – not even a human right. It gives equality and justice to persons who are gay or transgender and the right, possibility and all legal necessary means to act, be and live as life has made them – born that way and given the dignity in society not to be harassed, not to be bullied, not to be treated differently but all as children of the same nation – to be able to love, to share love, to have a family, to have the right place in society, in the educational and work system and in the legal framework. 

Men and women have the right of non-harassment and are protected in this country. They can be treated the same as any married couple and can adopt children if they wish to. 

Transgender people have more difficulties in life as they are trapped emotionally and psychologically and physically in a different body. The state and society should do their utmost to make this transition less painful and less hard than it is. 

Since the laws for civil unions were introduced, I have personally seen the true nature of Maltese society – compassionate, loving, understanding, open-minded. I consider myself lucky that soon I will be united with my partner after 18 years of being together, respecting and loving each other. Isn’t this a positive step forward for our country? Are we uniting people in love, responsibility and respect? Personally I have seen enough bullying, enough suicides, enough young people unscrupulously disowned by their own parents – this is truly revolutionary.

However, I think education is the next step forward – we must educate our children that human diversity is natural. It is not a choice or a lifestyle. It must not constitute hardship or inequality. I am 100% sure that transgender people would know if they are unhappy in their body by the age of 14, if not even younger. It is not an easy process – they must come out to themselves, their families, their friends, society and we should be there to support fully and unconditionally. Only through fear and ignorance of the unknown, will there be hate, discrimination and injustice. Malta is truly the most Christian state in the world. To accept and love yourself makes us more productive, satisfied and happier to help and assist others and ready to understand the true nature of life in all its diversity.

Nobody is influenced to become gay or transgender – we all live in a world bombarded with images that portray heterosexuality and therefore if it were a question of influence, we should all be hetero. Gay and transgender people are the product of heterosexual couples – we all are.

The difficulties ahead are to change the closed minds of the few – I guess this will pass just as other things like slavery, discrimination against women and fear of science have. One day, I will see a society that is more understanding, more peaceful, more compassionate, more educated, more prone to the changes that bring love and hope. Difficulty only lies where there is no belief – and I believe in truth, equality and justice for all.

Nadine Noko

Illustrator and designer

You wake up in the morning and you think about your deadlines, you think about whether you’ve remembered to buy milk for your cornflakes. The only time it dawns on you that you are gay and that in some people’s eyes, you are different, is when someone points it out to you. I remember the discussions during the civil union debate; it felt so weird, people discussing whether or not you could be a good parent or a pervert of sorts, not based on your character but on the fact that you are gay. 

The whole process was a very emotional one. I am 37 and although I was never in the closet, I grew up thinking that marriage was not an option, at least not in my time. I can never forget that moment in front of parliament when the civil union bill passed. 

Legally we have come a long way. Socially, we are much better than 10 years ago but we still encounter discrimination. I have gotten random private messages from strangers telling me that my relationship is not as valid as theirs because it is not blessed by God. 

Recently I’ve had some health problems and needed to do an ultrasound. Even at my most vulnerable moment, the person doing the ultrasound decided to strike up the most inappropriate conversation with my girlfriend, comparing gay issues to hunting, as a sort of perk. 

I’ve also been to civil unions where parents refuse to attend and I still have friends who are not out at work or at home because of their sexual orientation. You also have the backlash of the success of the law passing: ‘Now that you got what you wanted, you have no right to complain about anything’. 

In 10 years’ time we will be looking back at a lot of these conversations and viewing them like we view the bigoted arguments in America when interracial marriages became legal or when women were allowed to vote. 

To overcome prejudices and difficulties, I hope the community can be a lot like Joanne Cassar: Don’t take no for answer, eight years in court and she never gave up! Now, thanks to her efforts, Malta has the best gender identity bill around the world. So live your life as a whole, fall in love, get your heart broken, don’t let any prejudice change you. People’s hearts will change. Things do actually get better. 

Dr Roberta Buhagiar 

Employee, UN refugee agency Malta

Perhaps for the first time, I felt a real sense of pride about my country when the Civil Unions Act was approved in Parliament. Last week, this sense of pride was renewed with the approval of the GIGESC Act. The word “surreal” keeps coming to mind. 

Malta was always known for being a staunchly conservative place, safeguarding the interests of those who subscribe to the Roman Catholic view of the world. I think that with this new, strong legal framework protecting the rights of LGBTIQ persons, Malta has shown that it can be at the forefront and an example to others, rather than constantly playing catch-up. However, while the new legal framework will change the lives of many Maltese and paves the way for positive social change, there is still much to be done in terms of public information and education on LGBTIQ issues.

I also think there is a need to provide adequate support to LGBTIQ persons in this country who are not Maltese. In particular there is a need to understand refugees who have been persecuted or faced intolerable harm just for being who they are, and to provide adequate support and counselling, so that they too can be in a position where they can enjoy the high standard of legal protection we have now legislated for in Malta.

Beyond this, I also think there is still much to be done in terms of protection and support for others, such as survivors of female genital mutilation (FGM) and victims of trafficking. 

Ray Calleja

TV personality and actor

I do believe that what it means to be trans, gay, bi, or intersex is a matter of subjectivity. There is a divide between the rule of law and what a person actually feels, or what culture in different societies accepts or glorifies. Just because we have new laws, that does not mean that people will not go through difficulties socially or culturally, it is however certainly a huge step in the right direction. 

On a human rights level, the new GIGESC Act is definitely an immense statement not only for a small country like ours but also on a global scale. The idea of ‘normalisation’ of diversities is justly challenged and consequently leads the way to a more harmonious understanding of people, individuals, cultures and the subtle differences that make each and every one of us.

In legal matters, the situation in Malta has certainly improved, one can see marriage proposals being shared publicly on social media and more people being more socially comfortable if they are gay, bi, transgender or even intersex. There are couples who have been waiting for such legislation for decades and it is inspiring to be able to see them celebrating that love publicly after so many years. 

There will also be others that will be heartbroken because their proposals will be rejected or their relationships will break up and maybe also end in divorce. This only proves one point, that on the ‘human’ level we are all similar, and it is this human level that unites the diverse array of individuals across the globe.

Rule of law will never be enough on these issues, however. Continuous educational campaigns and open discussions and the sharing of experiences will all be required until the need to distinguish is extinguished naturally. 

Celine Paris

Transgender shop owner

Both the civil unions bill and the gender identity bill have constituted great steps forward in our society. The Civil Unions Bill means that gay couples can finally enjoy their relationships publicly and legally. The gender identity bill on the other hand means that we can live a more comfortable life than before as we can finally be recognized for who we want to be without having to go through court procedures and gynaecologists after the already long operation procedures. 

The situation as it stands now does not present any more legal issues, but there obviously are still going to be problems with people’s opinions. Some do not and will not accept gay or transgender individuals either because of religious conviction or for some other reasons, but I cannot deny that life has become easier. I think that the new laws will also help society to see both gay people and transgender individuals as equals, as we now have the same laws and rights.

Roderick Vassallo

Actor

Given recent changes, I certainly do not feel a second-class citizen anymore.  Malta has come a long way in a matter of months and it is not just a matter of legislation. I feel that there was a change in the Maltese mentality; sometimes it feels like a slight and slow change, but in some instances I attest to significant changes, so much so that it is comfortable to speak openly about my life even to perfect strangers.

Given my background I can safely say that it is much easier for me now to share who I am with others around me without any second thought. However, I am also aware that maybe more fragile individuals in a tight situation might still find it hard to come out and be who they really are.

I dream of a day when nobody needs to justify his or her own orientation to anyone anymore. Until we keep speaking about ‘coming-out’, we still have challenges to face. Gay people today still have to face relatives and friends explaining their innermost difficulties in coming to terms with their being.

We need to stop presenting one ideal picture to the younger generation to make things better; a happy couple in adverts, stories, nursery rhymes and pop songs is not necessarily composed of a man and a woman. We do not have any cultural reference to identify with and providing these references will help society in general but also many gay and transgender persons who are still struggling to live a happy life.