Article 8 of the Federal Constitution of Malaysia establishes the constitutional guarantee of equality. Article 8(1) provides that "all persons are equal before the law and entitled to the equal protection of the law." Article 8(2) specifies that "there shall be no discrimination against citizens on the grounds of religion, race, descent, place of birth, or gender in any law or in the appointment to office or employment under a public authority."
While these provisions enshrine equality and non-discrimination as fundamental rights, the list of protected classes does not expressly include sexual orientation or gender identity. As a result, claims of discrimination on those bases have not been recognized as falling within Article 8(2). The constitutional protection remains limited to the categories explicitly named, though courts have occasionally interpreted the equality guarantee in Article 8(1) broadly in assessing fairness and legality of laws or government action.