LGBTQ Singaporeans hail repeal of sex law and denounce marriage exclusion

Singapore’s LGBTQ community on Monday welcomed the government’s plan to decriminalize gay sex but warned that amending the constitution to enshrine the traditional definition of marriage would encourage further inequality.

Prime Minister Lee Hsien Loong announced Sunday that the city-state would repeal the colonial-era law, Section 377A, which punishes sex between men with up to two years in prison.

Gay rights activists have long said Section 377A runs counter to the vibrant culture of the prosperous city-state and have unsuccessfully challenged the law in court.

Roy Tan, one of several people who unsuccessfully challenged the law in court, said repealing 377A would make him “more of a sense of belonging in Singapore now that the state no longer sees me as a criminal”.

“Removing the stigma created by Section 377A would make it easier for more secretive gay men to come out and embrace their sexuality, rather than hide their identity from shame, along with all the psychological damage it causes,” he told AFP.

“Too many older LGBT people live their lives alone and it would be a tragedy if most died alone and without care.”

Despite the annulment, Lee’s announcement on Sunday also laid stumbling blocks on the road to full marriage equality.

For now, people can still challenge the constitutionality of the definition of marriage, but Lee said doing so would risk the court interfering in policy-making.

“Judges interpret and apply the law … They do not have the expertise or mandate to administer political issues, nor do they decide social norms and values,” Lee said.

To prevent this, Lee said the government will amend the constitution to “protect the institution of marriage” – which will remain defined as between a man and a woman.

Reactions to Lee’s Facebook post repealing the law were mixed, with some praising the move as a “brave move” while others said they were “sad” by the decision.

A motion to amend the constitution is likely to sail through parliament if undertaken, as Lee’s ruling People’s Action Party has a majority of more than two-thirds.

It’s unclear what the changes would look like, but the challenges to 377A largely revolved around a constitutional provision that would guarantee citizens equality and equal protection before the law.

The LGBTQ community – in a statement signed by more than 20 groups – said it opposes further legislation and constitutional amendments to protect the traditional definition of marriage, saying it would encourage inequality.

“We urge the government to disregard recent calls by religious conservatives for the definition of marriage to be enshrined in the Constitution,” read the statement, released late Sunday.

“Such a decision will undermine the secular nature of our constitution, codify further discrimination in supreme law, and tie the hands of future parliaments.”

Activist Tan called the government’s plans to enshrine the traditional definition of marriage in Singapore’s constitution a “step backwards”.

“It devalues ​​same-sex couples and denies them the rights that straight couples enjoy and take for granted,” he told AFP.

These include national policies such as access to subsidized public housing and adoption rules – which Lee said in Sunday’s speech will continue to be available to couples based on the traditional definition.

But Maria Sjodin, executive director of US-based LGBTQ rights group OutRight Action International, said that even the small step of repealing “could also hopefully inspire the ongoing fight around the world to end the laws that violate equality and respect.” for LGBTQ people everywhere”.

According to a 2020 report by the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA), homosexuality is illegal in 69 countries, including 11 where it is punishable by death.