ARTICLE ON TRANSGENDER MARRIAGE IN SOCIO-CULTURAL MILIEU IN AFRICA
(NIGERIA AS A CASE STUDY)
EZEKIEL COLLEGE OF THEOLOGY, EKPOMA ( IN AFFLIATION WITH AJAYI
CROWTHER UNIVERSITY OYO, AND WESLEY UNIVERSITY,ONDO STATE)
BY VEN. DR. TITUS OLAJIDE OLOYE
PHONE NUMBER: +2348102809123
Gmail: veryoloye@gmail.com
Abstract
This study examines transgender marriage in socio-cultural milieu in Africa (Nigeria as a case study). The aim is to delve into various schools of thought on the subject and the disposition of various heads of state, community leaders, male and female to it. This study adopted qualitative method of research for data collection. This is achieved by examining the concept, meaning, purpose and challenges of transgender marriage. Transgender refers to a person whose gender identity as perceived internally does not align with the sex assigned to them at birth. Transgender people have a history of being deemed the right to marry and having their marriages disrespected.
The data were gathered through articles, books, internet sources and from biblical perspective. The findings revealed that transgender had been in existence since the 18th and 19th centuries, particularly in the USA. The exact year it started in Africa was not known. Transgender marriage is not ethically, morally, culturally and religiously embraced or justifiable in Africa, especially Nigeria, Ghana, South Africa, Gambia etc. Laws which prohibit it were made in most countries in Africa. The transgender community in Africa faces extreme marginalization and significant challenges due to widespread social stigma, lack of legal protections, limited access to healthcare, and criminalization of LGBTQ+ identities in many countries, making their experiences largely invisible and often dangerous.
The work concludes that since transgender marriage has been bringing a lot of controversies to the society, and that those involved in it are also facing internal and external molestations, it is recommended that humanity should follow the original plan and the execution of God on a man marrying a woman – Adam and Eve (Gen 2:18) as a reference point without changing their gender. Nevertheless, where such is being practiced at present, people in such vicinities or communities especially the religionists, should show love to them, counsel such people and back it up with prayers.
Introduction
Transgender is an umbrella term for people whose gender identity differs from the sex they were assigned at birth. It can also refer to people whose gender expression doesn’t match society’s norms for their assigned sex.
In theological terms, “transgender” refers to a person, whose gender identity, as perceived internally does not align with the sex assigned to them at birth, often causing a significant disconnect between their biological sex and their deeply held sense of being male and female, raising complex questions about the nature of gender in relation to God’s creation within various religious interpretations. Most notably, the Bible generally presents a binary understanding of gender as a male and female, creating tension with the transgender experience.
HISTORICAL ATTACHMENT TO TRANSGENDER
Transgender and gender-nonconforming identities have a deep historical presence in Africa, including Nigeria, though colonialism and Western influence have largely erased or stigmatized these identities. Before European intervention, many African societies had fluid understandings of gender, and individuals who did it fit into binary gender rules were often recognized and even revered in some cases.
Pre-colonial African Traditions and Gender Diversity
- Igbo Culture (Nigeria) Female: Husbands among the Igbo people, the concept of female husbands existed. Women could take on male social roles, marry other woman, and assume the responsibilities of men, particularly in inheritance and linage continuation. While this is not strictly transgender identity, it reflects gender fluidity and the social construction of gender rules.
- Yoruba Spirituality-Orishas and Gender Fluidity: Yoruba spirituality recognizes gender fluidity, particularly in the case of deities (orishas) like Olokun, the androgymous deity of wealth and the sea. Some priests and priestesses (Babalawos and Iyalawos) could take on gender-nonconforming (1).
- Hausa Bori Spirit Mediums: In Northern Nigeria, Bori Spirit mediums, particularly in pre-Islamic Hausa traditions, often blurred gender lines. Some male-born individuals took on female mannerism and roles in their spiritual practice.
Impact of colonialism and Religion
The arrival of Colonialism, Christianity, and Islam in Nigeria enforced rigid binary gender norms. British Colonial laws criminalized non-heteronormative expressions, and these laws persist today in Nigeria’s legal codes, making transgender identities highly stigmatized.
Contemporary Challenges and Resilience
Today, transgender Nigerians face significant legal and social discrimination. However, activists and underground communities continue to push for recognition and rights. The historical existence of gender diversity in Nigeria challenges the narrative that transgender identities are “Un-African” (2).
How many people are transgender in Nigeria?
While there are no reliable national estimates of the transgender population in Nigeria, the epic project initially estimated a total population of 3,477 transgender people across the states, using programmatic mapping. This is to show that there are transgender people in Nigeria, but they face significant challenges.
Marriage
Oloye (2018) opines that marriage is the union between a husband and a wife. It is a sacred institution established by God for partnership, companionship to prevent adultery, fornication and for procreation. Genesis 2:18, it is not good that a man should be alone; I will make a helpmate for him (3).
The book of common prayer of the church of Nigeria (BCP 2007), defines Christian marriage as a solemn and public covenant between a man and a woman in the presence of God, it is required that both parties must be baptized members of the church and that the ceremony be attested to by at least two witnesses.
When one marries another, he or she comes into a covenant relationship with his or her partner. It is a covenant that is made in the sight of God, and thus honored by God. (Genesis 31:30; Proverbs 2:16, 17). When one puts away his or her mate, he or she has broken the marriage covenant. When two are joined together in marriage, they become one in order to bring forth children to the glory of God. Parents who exemplify God bring before their children bring forth offerings who will continue their spiritual heritage. (Ephesians 5:22, 6:4 4) (4).
Different authors have defined marriage in a variety of ways, including as a social, legal and religious institution.
Haviland (2000) defines marriage as a relationship between people that society recognizes having the right to sexual access to each other.
Edward Westermarck defines marriage as a connection between men and women that lasts beyond the act of reproduction.
Iral Reiss opines that marriage is a socially accepted union of people who take on the roles of husband and wife.
Bertrand Russell defines marriage as a legal institution that differs from other sex relations.
In Christianity – Marriage is defined as a covenant between a man and a woman that is ordained by God.
Judaism – Marriage is defined as a spiritual bonding between two people that fulfils God’s commandment.
Hinduism – Marriage is defined as a sacred union that marks two people becoming a joint entity.
Looking at marriage from anthropological perspective, Kathleen Gougch sees marriage as a union between a woman and one or more other peoples.
Marriage can also be defined as a contract for the production and maintenance of children. It can also be defined as a stable relationship that allows a man and a woman to have children without losing social standard (5).
Socio-cultural Milieu
Socio-Cultural milieu is the social and cultural environment in which someone lives, encompassing the customs, beliefs, values, norms, and behaviors that are prevalent within the community or society, essentially describing the broader context that shapes their experiences and actions; it is a combination of social and cultural factors that influence an individual’s life (6).
Key point about socio-cultural milieu
This can include things like family structure, language, religion, traditions, social class, gender roles, political climate, and even the physical environment of a location.
Impacts behavior and perspective
Understanding someone’s socio-cultural milieu is important because it can help explain their behaviors, perspective, and decision-making processes (7). It can vary geographically. Different regions or communities can have distinct socio-cultural milieu, even within the same country.
Discussing transgender marriage in Nigeria where people speak different local languages, different cultures, though accepted English language as the lingua franca, but with different tribes and religions; it might be complex for transgender marriage to fit in. Traditionally, it is generally accepted that Nigeria has three major religions vis-à- vis Christianity, Islam, and African Traditional Religion. Although there are many religions worldwide, this work is limited to the socio-cultural milieu in Nigeria.
Various schools of thoughts on Transgender Marriage
Chrisner (2011) reiterates that gender identity is independent of sexual orientation voidable and void. Transgender marriage is found to be void. Gender identity refers to an individual self identification as male or female. The term transgender refers to a person whose gender identity or expression does not conform to the social expectations for their sex assigned at birth. Transgender often understand themselves as belonging to the opposite sex from what their genital and biology would suggest (8). The term transgender refers to a person whose gender identity does not conform to the social expectations for their sex assigned at birth. The United States supreme court has defined transgender as “a rare psychiatric disorder in which a person feels persistently uncomfortable about his or her anatomical sex”, and who typically seeks medical treatment including hormonal therapy and surgery to bring about a permanent sex change (9).
Larry in his own opinion says why do couples want to marry at all? Like many monogamous societies, the United States has historically attached a special significance to the institution of marriage and granted various advantages to married couples. Unnamed married couples are ineligible for joint federal and state tax returns gift and inheritance rights (1o). Named status also affords couples several other benefits. The rules of intestate succession, hospital access, medical decision-making, authority adoption right, birth and death certificates, workers compensation benefits, health insurance and child custody and visitation rules (11). Marriage equality supporters cited the denial of these benefits to same sex couples in the litigation that eventually guaranteed same-sex couples access to the same benefits afforded by state recognition (12).
Liu (2017) reiterates that defining the transgender population is challenging given there is no universally agreed upon definition of “transgender”. Indeed, the term transgender is contentious, often used as an umbrella to denote any person “whose gender identity or expression or both does not normatively align with their assigned sex”. This broad definition of transgender includes individuals who transition from one sex gender to the other as well as cross dressers, gender queer or androgynous person, or others who are gender non-conforming (13).
Why are people transgender? What causes it?
There are a number of theories about why transgender people exist although there is not yet a scientific consensus. When you look across cultures, you will find that people have had a wide range of beliefs about gender. Some cultures look at people and see six genders, while others see two. Some cultures have created specific ways for people to live in roles that are different from that assigned to them at birth. In addition, different cultures also vary in their definitions of masculine and feminine. Whether we view someone as transgender depends on the cultural lenses we are looking through as well as how people identify themselves (14)
Biologist tells us that sex is a complicated matter, much more complex than what we may have been thought in school. A person who has XX chromosomes is generally considered female, while a person with XY chromosomes is generally considered a male. However, there are also people who have XXY, XYY, and other variations of chromosomes. These genetic differences may or may not be visibly apparent or known to the person. Some people are born with XY chromosomes, but are unable to respond to testosterone and therefore develop bodies with a vagina and breast, rather than a penis and testes. A variation in gender may just be part of the natural order and there are more varieties than we generally realize. People with biological differences in gender may be considered intersex. They may or may not identify as transgender (15).
There are medical theories about why people are transgender. Some speculate that fluctuations or imbalances in hormones or the use of certain medications during pregnancy may cause intersex or transgender conditions. Another research indicates that there are links between transgender identity and brain structure (16).
Some people believe that psychological factors are the reason for the existence of transgender people. It is clear that there are people who are aware that they are transgender from their earliest memories. Many trans people feel that their gender identity is an innate part of them, an integral part of who they were born to be. Then there are people who feel that everyone has a right to choose whatever gender presentation feels best to that individual. People should have the freedom to express themselves in whatever way it is right for them. Sex and gender are complex issues. A huge variety of factors are at work in making each individual the person that they are and there is no one reason that causes people to be transgender. Trans people are part of the variety that makes up the human community (17).
AFRICAN PERSPECTIVE ON TRANSGENDER
Agama Ferdinand Onwe opines that LGBT was once hated and criminalized by most countries of the world including the West. This is commonly described as “homophobia” and often manifests in the form of prejudice, discrimination, harassment as well as acts of violence arising from fear and hatred. Experience shows that homophobia occurs on personal institutional societal and state levels. In the Modern Africa, most states are constitutional democracies that guarantee extensive human rights and fundamental freedoms, and safeguard the dignity of their citizens. However, the right to express sexuality or gender identity was never included in the range of rights afforded by these constitutions. The reason might not be far from the general belief in Africa that homosexuality is contrary to morals, public interest protection and progress of the community (18). It is in line with this belief that former Zimbabwe president Robert Mugabe was quoted as saying “we do not believe they (gay and lesbians) have any rights at all”, stressing that homosexuality is un-African, a disease that is coming from so-called developed nations. In the same way, the former Namibian president Sam Nujoma, while deriding the ideal of LGBT right revealed that most of the ardent supporters of this perverts are Europeans who imagine themselves to be the bulwark of civilization and enlightenment (19).
The same position is maintained among African peoples and leaders including Nigeria, where the former president Goodluck Jonathan, signed the same-sex marriage (prohibition) Act on January 7, 2014, a very stern anti-LGBT bill into law before leaving office in 2015 (2o). State-sponsored homophobia had been rampant across Africa. The former Ugandan president Yoweri Museveni was quoted as saying, “I have told the criminal investigations department (CID) to look for homosexuals lock them up and charge them.” The same situation goes for Zimbabwe, Namibia, Zambia, and Botswana, even in South Africa where the constitution has promised an end to discrimination based on sexual orientation and gender identity (21). President Sam Nujoma referred to lesbians and homosexuality as madness and maintained that in Namibia there will be no lesbian and homosexual and cautioned the West to remain with their cultures in Europe. It is doubtful though, whether homosexuality had been part of European culture originally. The doubt is based on the fact that, even sodomy laws criminalize certain sexual acts including homosexuality. This was deeply rooted in the West, and therefore, have colonial origin. In fact homosexual activity was criminalized in most of
Europe, possibly even punishable by death in the mid-centuries (22).
With this, it is clear that Africa does not support the practice of lesbian, gay, bestiality, transgender and any form of deviant marriage practices. In spite of that, some people still involve themselves secretly and openly in these forms of act or practices.
CHALLENGES OF TRANSGENDER MARRIAGE IN AFRICA
Transgender people in Africa face many challenges, including discrimination, violence and restrictive laws.
Discrimination
– Social transition: Trans people may experience violence and harassment when they come out (23).
– Health care: Trans people may experience emotional violence from health care staff, and may not have access to trans-competent health care providers (24).
– CSOS: Trans people may experience discrimination and violence from CSO staff (25).
Violence
– Police: Trans people may experience violence from police officers. – Prison inmates: Trans people may experience violence from prison inmates (26).
Laws
– Same sex marriage: Many African countries have laws that prohibits same-sex marriage (27). – Penal code: Some African countries have laws that criminalize dressing in the opposite sex (28).
– Sharia penal code: Some African countries have laws that prescribe prison terms for dressing in opposite sex.
Internalized stigma: Trans people may experience internalized stigma.
Lack of GBV support services: Trans people may not have access to GBV support services.
Corruption: Trans people may experience corruption from law enforcers (29).
The international Lesbian, Gay, Sexual, Trans, and Intersex Association ILGA world monitors the rights of LGBTQ+ communities in Africa (3o)
Jobson (2012) opines that this lack of access to appropriate therapies may be very stressful for individual transgender people and may contribute to low self esteem and poor mental health, which as noted above may increase the likelihood that individuals will engage in risky sex (31).
Boyce and Isaccs (2012) as quoted by Jobson report the acute discrimination towards transgendered sex workers and emphasize the importance of developing gender sensitivity in health, social welfare and HIV prevention services for sex workers (32).
Muwanguzi (2023). The challenges faced by African transgender populations are exacerbated by the criminalization of lesbian, gay, bisexual, and transgender people. They experienced stigma while accessing reproductive healthcare, while other transfeminine and gender diverse women faced stigma and discrimination due to their gender identity and gender expression (33).
The participants reported encounters with hostile health problems were turned into problems concerning gender or sexual identity, causing discomfort for the patient. In Uganda, transgender women reported different forms of stigma including beatings by the police and by sex work clients, abuse and discrimination received in the work place or from family members, and the lack of tailored health services. A study in Kenya, Malawi, and South Africa found that nearly half of the men who have sex with men (MSM) and transgender women (TGW) who participated (43.3%) reported at least one healthcare related stigma experience (34).
The most frequently reported healthcare related stigma experience was feeling afraid to seek healthcare services (36.3%). In Uganda trans-women sex workers reported internalized stigma as one of the key banners to the access and utilization of HIV/STI prevention and care services. In Rwanda, a study among MSM and TGN reported that anticipated, perceived, and enacted stigmas were highly prevalent and significantly higher among trans women and demonstrated a high burden of depressive symptoms and depression among MSM/TGM in Kigali (35).
In Nigeria, Nigeria criminalizes same-sex sexual activity between men and women. The gender expression of trans people is also criminalized. Sentence includes a maximum penalty of death by stoning. There is evidence of the law being enforced in recent years, and LGBT people are regularly subjected to discrimination and violence (36).
Same-sex sexual activity is prohibited under the Criminal Code Act and the same-sex marriage (prohibition) Act 2013 (SSMPA), which between them criminalize acts of ‘carnal knowledge against the order of nature’, ‘gross indecency’, same-sex unions, and LGBT advocacy. These provisions carry a maximum penalty of fourteen years imprisonment. Both men and women are criminalized under the law. Same sex sexual activity is also criminalized at the state level through Sharia law, under which the maximum sentence is death by stoning. In addition to potentially being captured by laws that criminalize same-sex activity, trans people may also face prosecution under state level Sharia laws (37).
There is substantial evidence of the law being enforced in recent years, with LGBT people being frequently subject to arrest individually or in mass, often accompanied by police violence being committed against LGBT people in recent years, including assault, mob attack, harassment, extortion, and the denial of basic right and services (38).
In December 2024, the president approved an updated directive preventing LGBT individuals from serving in the armed forces. Reports quote the revised directive as stating that “an officer must not engage in homosexuality, lesbianism, and bestiality. He/she is not to belong to or engage in activities of the Lesbian, Gay, Bisexual, Transgender or Trans, Queer or questioning intersex, asexual or agender, two-spirit LGBTQIA2ST group and cross-dressing amongst others (39).
In January, the same sex marriage (prohibition) Act 2013 (SSMPA) came into force. The Act introduced criminal penalties for a range of activities including entering into a same sex marriage contract or civil union, solemnizing a same-sex marriage or union, registering, operating or participating in gay clubs societies or organization and public show of same sex amorous relationship directly or indirectly (4o).
Section 214 criminalizes ‘carnal knowledge’ against the order of nature with a penalty of fourteen years imprisonment. It applies to sexual intercourse between men. Section 215 criminalizes attempts to commit offences prohibited under section 214 (41).
Criminal code Act, section 217 prohibits acts of gross indecency between men or the procurement or attempted procurement thereof, with a penalty of three years imprisonment. Sharia Law- Sharia law in 12 northern states criminalizes same-sex intimacy between both men and women, as well as cross dressing (42).
In 2023, two mass arrests took place following police raids at private events on 27 August; a mass arrest was conducted in Southern Delta State’s Ekpan town in an event described by authorities as a gay wedding. The number of arrested people is unclear. A police spokesperson stated that 67 people would be prosecuted for “allegedly conducting and attending a same-sex wedding ceremony”. Some of the suspects were paraded in front of cameras by police authorities during a live broadcast. On 4th September they were charged under the SSMPA at a High Court in Delta State. On 19th September, 69 individuals who had been arrested were released on bail after posting to court 500,000 naira ($645) each. Their criminal trials continued, but, it is not clear whether these are ongoing or have been concluded (43).
In October, 76 people including 59 men and 17 women were arrested by security forces in the Northern city of Kano on charges of organizing a gay wedding. Buhari, a spokesperson of the Nigeria Security and Civil Defense Corps (NSCDC) in Gombe State, a paramilitary organization under the government, declared “we apprehended 76 suspected homosexuals at a birthday party organized by one of them who was due to marry his fiancée at the event.” Amnesty International reported that those arrested had according to authorities, confessed to planning to hold a “gay wedding”. Local lawyers reportedly raised concerns that 23 individuals were remanded in detention a month later, and there was a risk of some individuals being subjected to conversion therapy in a “rehabilitation” centre. It is not clear whether these individuals were subjected to conversion therapy in a “rehabilitation” centre (44).
It was reported that a sharia court in Kano sentenced eight of the men who were arrested to 10 lashes for cross-dressing (45).
In June 2022, a sharia court ruling sentenced three men to death by stoning for same-sex sexual act in the northern state of Bauchi. In response to the sentence, LGBT right groups voiced fears that this could prompt similar cases in the country’s states that apply Islamic law. William Rashidi, director of Equality Triangle, was reported to have said “this sentence opens the door for more draconian judgements against LGBT a persons. It is a call for violence” (46).
These various comments and application of law against the LGBT especially transgender marriage by various states in Nigeria and outside Nigeria both from Christianity and Muslim perspectives, indicate that Africa especially Nigeria in particular does not support transgender marriage and any form of deviant practices in the society.
BIBLICAL PERSPECTIVES OF TRANSGENDER MARRIAGE
With the sacred texts of Christianity passages such as Leviticus 18:22 have been cited as evidence of the Bible’s stance against same-sex relating describing them as ‘detestable’. Similarly, the writings of the Apostle Paul in Romans 1:26-27 suggest that homosexual acts are contrary to the natural order as established by God. These passages have sparked extensive debate and introspection among believers as they grapple with aligning these scriptures with the fundamental Christian commandment to love your neighbors as yourself. (Matthew 22:39). It is essential to recognize that the same biblical canon that challenges certain behaviors also calls for an ethos of love, and recognition of our shared humanity in Christ Jesus (Galatians 3:28) (47).
The Bible does not explicitly address the topic of transgender identity leaving many to seek guidance on how to approach this aspect of human experience. In the absence of direct scriptural references, Christians are called to engage with empathy, striving to understand the lived realities of transgender individuals. The faith community can offer pastoral care that affirms the inherent dignity of every person (48).
Nevertheless, when we use transgender expression, we are talking about the way that a person may outwardly reflect their internal sense of gender through presentation such as through clothing, hair, voice and body language. Sexual orientation, which describes whom a person is physically and or emotionally attracted to, is a separate category, and doesn’t influence someone’s gender expression and sexual orientation are different from gender identity. Creation and the gender binary- Genesis 1:27; Genesis 2:18-24, when Christians think about gender, they tend to go back to the beginning. In Genesis, we find two stories about how things came to be, one of which says “so God created humankind in His image. In the image of created them” (Genesis 1:27). If you grew up hearing these stories and living with people who seemed to fit inside these gender boxes, the existence of transgender people might seem to fly in the face of God’s created order (49).
However, when we look just a little closer at each of these passages we find a much more complex and beautiful world. For instance, when God creates men and women in Genesis 1, it’s after creating opposites in every other corner of creation; day and night, land and sea, flying birds and swimming fish. Humans then are also created in an opposite pair, male and female. But the problem with a literal reading of this text that even though Genesis 1 sets up these binaries God’s creation exists in spectrums (5o).
In between day and night, we have dawn and dusk; between land and sea, we have coral rests and estuaries and beaches; between flying birds and swimming fish, we have penguins and height jumping dolphins, not to mention that uncategorizable favorite platypus. No one would argue that a penguin is an abomination for not fitting the categories of Genesis 1, or that an estuary isn’t pleasing to God because it is neither lad nor sea. In the same way, God gives every human a self that is unique and may not always fit neatly into a box or binary (51)
Among cisgender people…that is, those whose gender identity align with the sex they were assigned at birth, or non-transgender people… there is a wide variety in height, strength, hair, distribution, size and shape of reproductive organs, and nearly all other physical characteristics, which make it hard for every single person on earth to fit neatly inside one culture’s categories of man and woman. There is, too, diversity among transgender and non-binary people, when it comes to bodies, personalities, beliefs and experiences. But rather than writing Genesis 1 off, as fiction that doesn’t match reality, many affirming Christian recognize that the stories set down in this chapter were never meant to catalogue all of creation (in which case, it would just be an encyclopedia), but rather to point us towards God’s power and love. Not every invincible and constellation must be named in this chapter in order to have a purpose and a blessing (52).
Genesis 2 gives us a different perspective on the creation story, and here a non-gendered human is created first and then later a piece of the first person Adam, is made into the second person Eve. Based on the order of creation in this story, some theologians argue that this passage upholds a structure called gender complementarity. Gender complementarity asserts that God created two fundamentally different genders which have strict corresponding societal rules. In short, men were created to lead and women were created to follow. We don’t have the space here to explore the rich biblical scholarship that has demonstrated the theological and pastoral need for Christian egalitarianism, but suffice to say these views, even held with the best intentions, have a consistent history of leading to emotional, spiritual and physical violence against anyone regardless of their assigned sex or their gender identity or presentation, who does not completely and unwaveringly conform to gendered expectations. Alternatively, moving away from gender complementarity frees Christians up to explore other biblical alternatives for identity, community and relationship – alternatives based on the example of Jesus set and called from His teachings, rather than on gender difference (53).
One of the ways that Christians have historically understood the existence of suffering in the world is to attribute it to the idea that things are not now as they were originally created before the sin of Adam and Eve. Later in Genesis since the fall, humans have experienced and caused things that are out of sync with God’s plan and some may question whether the existence of transgender people may be a result of the fall, rather than something that God intended from the beginning. However, it’s important to know that transgender people have existed across cultures and time, dating back thousands of years. We also know that when it comes to the suffering that transgender and non-binary people experience, most is linked to the stress and oppression caused by other people. Studies show that when transgender people are affirmed and loved, their well- being also benefits. With this in mind, it would be more likely that sin is at play in the oppressive and damaging ways we treat each other, and not in the very fact of someone’s existence (54).
Clothing and gender expression Deuteronomy 22:5
Deuteronomy 22:5, “ A woman shall not wear a man’s apparel, nor shall a man put on a woman’s garment, for whoever does such things is abhorrent to the LORD your God” (NRSV); is the only verse in all of scripture that directly references gender-based notions of clothing. While in many cases transgender people are not in fact “cross-dressing” (a term that implies one is cross their gender identity rather than confirming it), but instead are affirming and reflecting their gender identity through the clothes they wear. This verse has still served as a stumbling block for enough Christians to warrant some exploration. Both affirming and non-affirming biblical scholars have a range of views on why this prohibition was written for its original audience. Some are convinced that forbidden the Hebrew people from dressing in clothes associated with a gender different than their own was a way to be set apart from Canaanite and Syrian religion where this phenomenon was a part of certain worship rituals. Other scholars believe the prohibition was more of a way to reinforce previous instructions from the Torah that forbid “mixing” (for example, not blending fabrics, planting variations of seed or eating shell fish) giving the way Israel’s national purity and their maintenance of rigid categorical differences were bound together. A third perspective is that Deuteronomy 22:5 was written to keep a gender segregated society truly separated. This would prevent things like men and women engaging in various forms of forbidden sexual contact, women from entering the temple, men evading military service, women signing up for military service and other behaviors perceived as contrary to the boundaries between the distinct parts of God’s created order (55).
Beyond understanding why this verse was originally penned, a more pressing question for Christians to ask is whether or not we are supposed to follow the prohibitions present throughout all of Deuteronomy. The answer for most Christians today would be no, on account of the theological convictions that Jesus, through his life and death has fulfilled the requirement of the laws of Moses presented on Mount Sinai in the story of Exodus and because they do not believe that maintaining the integrity of God’s creation prohibits mixing. In fact, the incarnation of God as Jesus, the mixing of the fully divine and the fully human is often viewed as the necessary context for humanity’s salvation altogether. Christians who maintain non-affirming perspectives on transgender and non-binary people must ask themselves why it is that this command is being upheld when they believe that most, if not all, of the other directives around it have been nullified (56).
In Deuteronomy 23:1, a law forbids people assigned male at birth, who had their reproductive organ crushed or cut off from being part of the community of Israel. This meant that there were probably relatively few eunuchs in Israelite communities for many years, and they are mentioned rarely. However, once the Israelites were captured
by Babylon and Persia two cultures in which castration was more common, we begin to see more stories concerning eunuchs and their position in society. We see that eunuchs are allowed to move back and forth between men’s and women’s spaces, that they take on tasks and rules related to both genders and because they were either intersex or physically changed before puberty they often looked different from Cisgender men and women. This was normal in the Babylonian and Persian societies, but still looked down on by the Israelites (57).
Once the people of Israel were freed from captivity, several prophets, including Isaiah, guided them in the rebuilding of their homeland. In Isaiah 56:1-8, God speaks through Isaiah and says that even though Deuteronomy 23 outlawed the participation of eunuchs in Israel societies, in the new Israel they will have a special place…God says “I will give in my house and within my walls, a monument and a name better than sons and daughters; I will give them an everlasting name that shall not be cut of” (Isaiah
56:5 NRSV) (58)
Social-cultural milieu reactions to transgender marriage
Milieu is the group of people or activities that you live among or are familiar with.
Social means relating to society or the way society is organized (59).
Cultural- Cultural milieu refers to the setting and environment in which a person lives including social and cultural aspects of life. The term comes from the French word milieu, meaning “middle”. Countries that have been influenced by the French language use this word to describe a location and cultural environment. This is used for anthropologists and sociologists who want to describe a cultural dynamic that is happening or has happened in the society they are studying (6o).
Transgender people come from all walks of life and HRC foundation has estimated that there are more than 2 million of them across the United States. They are parents, siblings, and kids. They are workers, co-workers, neighbors and friends of people, 7-year-old children and 70-year-old grandparents. They are a diverse community, representing all racial and ethnic backgrounds, as well as all faith, and traditions, including Africa and Nigeria. The word transgender came into use in the late 20th century; people who would fit under this definition have existed in every culture throughout recorded history (61).
What does it mean to be trans?
Understanding the transgender community in Africa
The transgender community in Africa faces extreme marginalization and significant challenges due to widespread social stigma, lack of legal protections, limited access to healthcare, and criminalization of LGBTQ+ identities in many countries, making their experiences largely invisible and often dangerous. While some regions like South Africa have made strides, the continent as a whole presents a complex and difficult situation for transgender individuals.
Key point about transgender community in Africa
High levels of stigma and discrimination:
Transgender people are often subjected to prejudice and violence due to deeply entrenched societal norms that view gender nonconformity as unacceptable.
Limited research and date:
Due to social stigma and fear of reprisal, there is a significant lack of research on the transgender population in Africa, making it difficult to understand their needs and experiences accurately (62).
Access to healthcare barriers
Transgender individuals often face difficulties accessing gender affirming healthcare, including hormone therapy and surgery, due to lack of awareness and training among medical professionals, as well as financial constraints (63).
Legal challenges
Most African countries lack legal protections for transgender people, with many nations criminalizing same-sex relationships, further marginalizing the community.
Varying experience across the continent:
While the challenges are widespread, the situation can vary significantly depending on the country, with some regions like South Africa having more progressive attitudes towards LGBTQ+ right compared to others.
Family rejection and social isolation:
Many transgender individuals are ostracized by their families and communities leading to social isolation and lack of support systems.
Violence and harassment
Transgender people are at high risk of physical and verbal abuse, including hate, crimes, due to their gender identity.
Difficulty with Documentation
Changing legal documents to reflect their gender identity can be extremely difficult or impossible in many African countries.
HIV Vulnerability
Transgender women are particularly vulnerable to HIV infection due to various factors including stigma, lack of access to healthcare, and sex work (64).
Positive Development
Growing activism
There is a growing movement of transgender activists working to raise awareness and advocate for their right in Africa.
NGO Support
Some non-governmental organizations are providing critical support services to transgender individuals, including counseling, healthcare access and legal assistance.
South Africa as a leader: South Africa stands out as a relatively progressive country in the region with legal protections for transgender people, although challenges still exist. W. Luhur (2021) opines that South Africa is often seen as one of the most progressive countries in terms of advancing the rights of sexual and gender minorities. Section 9 of the South African constitution explicitly prohibits discrimination on the basis of gender, sex, and sexual orientation, among other categories. Notably, it was the first country to adopt a constitution that explicitly prohibits discrimination on the basis of sexual orientation. While gender identity is not an explicitly protected category, courts have interpreted that it falls under non-discrimination protection on the basis of gender (65).
However, despite these constitutional protections, lesbian, gay, bisexual, and transgender (LGBTQ) people face violence and harassment in their everyday lives. A survey of LGBT South Africans indicated that 42% of transgender respondents fear discrimination because they are transgender (66).
This same thing is applicable to the transgender community Nigeria. They face discrimination, violence, and social exclusion. This can lead to HIV infection, homelessness, and limited employment opportunities (67).
The issue of transgender has generated a lot of arguments in the world, especially in the continent of Africa and in Nigeria as a case study. Since human beings are not satisfied with the original make up of God for their lives, it actually brought confusion. Transgender refers to a person whose gender identity as perceived internally does not align with the sex assigned to them at birth. Truth does not need much propaganda. Things that are not original at times might want to outshine the originals, but when the two are put side by side, the difference is always clear. White is different from black and black is different from red. Any attempt to change black to red will definitely bring about polarity; it could change to different colors, such as black, red, and pink.
Various schools of thought on transgender tried not to be biased in their writings, but people can still read between the lines that they did not support the result and effect. In the context of socio-cultural milieu, transgender are not warmly welcomed into the community where it is being practiced. The presidents or heads of state of some countries in the world publicly condemned and even put it in their law and regulations that it should not be embraced.
Biblically, the original design of God at creation was male and female – Adam was created in the image of God (imago dei), and from Adam the woman came out of him. In the Old Testament, there was penalty for the male that wore the attire of women vis a vis women that wore the attire of men.
The Cis-transgender are expected to show love to transgender because they too are God’s creation. In some countries where they even legislate that they should accept them as members of the society as South Africa, transgender still meet with intimidation and they are being denied of some privileges such as health facilities, good employment, etc. that are meant for the citizens of such countries. They should be able to read the handwriting on the wall, that God does not support such deviant practice including LGBTQ+.
In conclusion, it is pertinent for those who have sound knowledge of God’s word to always declare the mind of God to his people. By so doing, if there are people who still have it in minds of changing their gender, they could desist from doing that. Those who are guilty of that, and show a sense of remorse could be counseled, to know the gravity of what they have done, so that they plead for forgiveness of their sins. The place of prayer for this generation and the subsequent generations is necessary so as to be able to do God’s will, that is, to go for “the perfect will” of God instead of “the permissive will”.
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