Opposition MP warns of unanswered questions in Gender Identity Bill

A law aimed at protecting the rights of trans, gender-queer and intersex people to their self-determined identity is full of hidden implications, Opposition MP Clyde Puli warned.

“Will people who choose to identify themselves as neither male or female be forced to attend co-educational schools?” Puli, the PN’s spokesman for citizens’ rights, questioned during a second reading of the Gender Identity Bill in Parliament. “Will a male who plays for a male sports team be disallowed from playing with that team upon changing his identity?

He also asked whether this new law will have any implications on the Embryo Protection Act that prevents surrogacy and what the full extents of its data protection clause will be.

“If a child who attends a single-sex school changes his or her gender, will the school headmaster at least be informed?” Puli asked.

He also disagreed with the law, in that people wishing to change their gender will only need to express their desires to a notary. He pointed out that, in the UK, such people have to visit gender identity clinics and speak in front of a board composed of experts such as psychologists and social workers, before having their gender changed.

“This isn’t done capriciously but to offer them help at a very vulnerable moment,” Puli said. “Is it possible that Malta isn’t capable of helping them out by at least requiring them to produce a psychologist’s report that proves that they are psychologically ready to make such a huge decision?” 

Opposition MP Joe Cassar warned that this law could have a loophole in that it could allow people who aren’t trans-genders to rashly decide to change their gender, or to change their gender as a joke. 

Civil liberties minister Helena Dalli accused the Opposition will only vote in favour of this Bill out of convenience, rather than out of conviction.

“You can’t pretend to emphathise with trans-people while referring to gender ideology,” Dalli said, referring to Puli's speech. “You’re either against or in favour of discrimination.”

She pointed out that this law will not prevent trans-people from seeking psychological advice prior to changing their gender.

“However, we must stop medicalising trans-people and we mustn’t force them to resort to a psychologist,” she said.