Colonial-era law against gay sex to be revoked by Singapore

The repeal of section 377A stops short of full marriage equality, Prime Minister Lee Hsien Loong said. (Roslan Rahman/AFP via Getty)

On Sunday, the prime minister of Singapore, Lee Hsien Loong, declared that the country would repeal colonial-era legislation criminalizing gay sex. However, he said the government would continue to "uphold" marriage between a man and a woman.

Section 377A of Singapore's penal code, inherited from the British colonial era, prohibits sex between men with up to two years in prison.

Gay rights activists have long argued that the rule is incompatible with the prosperous city-increasingly state's modern and lively culture, and they had previously launched two unsuccessful judicial challenges.

During a key policy speech on Sunday, Lee stated that opinions had altered since the government decided 15 years ago that the law should remain in place despite not being aggressively implemented.

He stated that homosexuals "are now better accepted" in Singapore, particularly among younger Singaporeans.

It is time to revisit whether private sex between men should be a criminal offense. Lee stated.

"The administration will repeal section 377A and decriminalize male-male sexual activity. I feel that this is the correct action to take, and that most Singaporeans would now embrace it."

He said, "This will bring the law into line with current social mores, and I hope, provide some relief to gay Singaporeans."

The removal of section 377A, however, falls short of achieving full marital equality.

Lee stated that the government recognizes that "most Singaporeans do not want the repeal to trigger a drastic shift in our societal norms across the board," including how marriage is defined and taught in schools.

"Hence, even as we repeal section 377A, we will uphold and safeguard the institution of marriage," he stated.

According to the legislation, he emphasized only marriages between one man and one woman are recognized in Singapore.

Lee stated that the government would also alter Singapore's constitution to prevent constitutional challenges to this definition of marriage in the courts.

'Long road to equality'

In 2014, the initial attempt to reverse the statute was unsuccessful, and the Court of Appeals dismissed the second challenge in February of last year.

A coalition of Protestant churches in Singapore urged against repealing the law on Friday, describing it as a "marker for many social and moral considerations."

The alliance stated that repealing the prohibition without protections "facilitates the progress of a brand of intolerant and aggressive LGBT activism which seeks to impose its ideology upon Singapore society,"

After Lee's speech on Sunday, homosexual rights activists expressed "relief" over the government's decision. They dubbed the repeal of section 377A the "first step on a long road towards full equality for LGBTQ+ people in Singapore."

But "the true impact of repeal will be determined by how the people of Singapore respond to it, and treat each other, in the days and months to come," they stated in a statement signed by more than 20 organizations.

In addition, they attacked the government's plans to entrench the definition of marriage between a man and a woman in Singapore's constitution in response to religious conservatives' demands.

"Any move by the government to introduce further legislation or constitutional amendments that signal LGBTQ+ people as unequal citizens is disappointing," they said.

"Such a decision will undermine the secular character of our Constitution, codify further discrimination into supreme law, and tie the hands of future Parliaments."

In 2018, India's Supreme Court decriminalized gay sex by removing legislation from the country's time under British rule; this result prompted activists in Singapore to redouble their attempts to challenge the prohibition.

In May of the following year, Taiwan made the historic decision to legalize same-sex marriage, becoming the first country in Asia to do so.

Publish : 2022-08-22 07:23:00

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