Nadine Elali
Judge Naji al-Dahdah’s landark ruling in favor of a transgender woman was announced Tuesday, marking the second historic step toward abolishing homophobic legislation in Lebanon. By affirming that same-sex relations do not contradict the “laws of nature” and are therefore not a criminal act, activists and legal experts believe Dahdah’s ruling could become a legal precedent for other judges to build on.
Article 534 of the Lebanese Penal Code prohibits sexual relations that "contradict the laws of nature,” which has been traditionally interpreted as rendering same-sex relations a criminal act. But the first challenges to Article 534 came in 2009, when a Lebanese judge ruled against the article’s use to prosecute LGBT people.
Today, almost five years later, Dahdah, who in late January was prosecuting a transsexual woman accused of having a same-sex relationship with a man, affirmed that Article 534 was outdated, vague, and open to interpretations, and thereby made a ruling in favor of the transgender woman.
Legal expert Nizar Saghieh told NOW that Dahdah’s interpretation of the law is a progressive one. The judge’s decision, he explains, was based on the ambiguity of the clauses referring to an “un-natural act” or one that “contradicts the laws of nature.”
Saghieh explained that back in the 1940s, an “un-natural act” likely implied homosexuality. However, given the progress of LGBT rights and international treaties addressing personal freedoms and autonomy, he said homosexuality can no longer be defined as such.
“Because the law is in itself vague, it is therefore up to the judge to interpret it in the way he sees best,” said Saghieh. “The judge in this case found that the law was inapplicable and the accused was not guilty.”
In a conversation with NOW, activist George Azzi said that although it is the second time a court rules in favor of LGBT rights in Lebanon, it’s the first time the issue of gender classification is addressed. By challenging the law, says Azzi, who was director of Helem, a Lebanon-based LGBT NGO, the judge technically implied that gender cannot be defined solely by legal documentation.
“Civil society, media, doctors… and lawyers have been embracing LGBT rights. Now, it is the judges. LGBT individuals are no longer identified only by their sexual identity but as active members of society,” he said.
Most activists, including Azzi, believed that the 2009 ruling would not lead to a legal precedence for other judges to work off. But the Tuesday decision has sparked “hope that [other] judges will follow suit. Once there is a trend in this direction, it would ultimately mean the creation of a legal precedent to build on without the need to carry a proposal to the government asking them to change the law,” Saghieh added.
Other activists NOW spoke with said the move is a breath of fresh air for the LGBT community, which has waged a long struggle for its rights in Lebanon. At the same time, many caution that the move may prove ineffective if unaccompanied by better education that combats widespread homophobia.
Diana Abou Abbas, manager at Marsa, the Beirut-based sexual health center, believes that Dahdah’s ruling may not be applied unless judges are educated and acquainted with international norms that call for personal freedom and autonomy vis-à-vis sexual preference.
“We are working on an initiative to educate judges on the importance of international treaties and conventions, and [to] bring to their attention the problems underlying the use of outdated laws against homosexuals and transgendered [people].” For this ruling to have “positive repercussions,” she said, “this project [must be extended] to all areas in Lebanon, especially remote ones.”
Judge Naji al-Dahdah’s landark ruling in favor of a transgender woman was announced Tuesday, marking the second historic step toward abolishing homophobic legislation in Lebanon. By affirming that same-sex relations do not contradict the “laws of nature” and are therefore not a criminal act, activists and legal experts believe Dahdah’s ruling could become a legal precedent for other judges to build on.
Article 534 of the Lebanese Penal Code prohibits sexual relations that "contradict the laws of nature,” which has been traditionally interpreted as rendering same-sex relations a criminal act. But the first challenges to Article 534 came in 2009, when a Lebanese judge ruled against the article’s use to prosecute LGBT people.
Today, almost five years later, Dahdah, who in late January was prosecuting a transsexual woman accused of having a same-sex relationship with a man, affirmed that Article 534 was outdated, vague, and open to interpretations, and thereby made a ruling in favor of the transgender woman.
Legal expert Nizar Saghieh told NOW that Dahdah’s interpretation of the law is a progressive one. The judge’s decision, he explains, was based on the ambiguity of the clauses referring to an “un-natural act” or one that “contradicts the laws of nature.”
Saghieh explained that back in the 1940s, an “un-natural act” likely implied homosexuality. However, given the progress of LGBT rights and international treaties addressing personal freedoms and autonomy, he said homosexuality can no longer be defined as such.
“Because the law is in itself vague, it is therefore up to the judge to interpret it in the way he sees best,” said Saghieh. “The judge in this case found that the law was inapplicable and the accused was not guilty.”
In a conversation with NOW, activist George Azzi said that although it is the second time a court rules in favor of LGBT rights in Lebanon, it’s the first time the issue of gender classification is addressed. By challenging the law, says Azzi, who was director of Helem, a Lebanon-based LGBT NGO, the judge technically implied that gender cannot be defined solely by legal documentation.
“Civil society, media, doctors… and lawyers have been embracing LGBT rights. Now, it is the judges. LGBT individuals are no longer identified only by their sexual identity but as active members of society,” he said.
Most activists, including Azzi, believed that the 2009 ruling would not lead to a legal precedence for other judges to work off. But the Tuesday decision has sparked “hope that [other] judges will follow suit. Once there is a trend in this direction, it would ultimately mean the creation of a legal precedent to build on without the need to carry a proposal to the government asking them to change the law,” Saghieh added.
Other activists NOW spoke with said the move is a breath of fresh air for the LGBT community, which has waged a long struggle for its rights in Lebanon. At the same time, many caution that the move may prove ineffective if unaccompanied by better education that combats widespread homophobia.
Diana Abou Abbas, manager at Marsa, the Beirut-based sexual health center, believes that Dahdah’s ruling may not be applied unless judges are educated and acquainted with international norms that call for personal freedom and autonomy vis-à-vis sexual preference.
“We are working on an initiative to educate judges on the importance of international treaties and conventions, and [to] bring to their attention the problems underlying the use of outdated laws against homosexuals and transgendered [people].” For this ruling to have “positive repercussions,” she said, “this project [must be extended] to all areas in Lebanon, especially remote ones.”
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