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 maintaining the traditional definition of marriage would only encourage further inequality.

Prime Minister Lee Hsien Loong announced on Sunday that the city-state would repeal the colonial-era law, but said the definition of marriage as between a man and a woman would be retained to allay fears of “a drastic change in our societal norms”. .

Section 377A of the Singapore Penal Code provides for sex between men with up to two years in prison.

Gay rights activists have long said the law runs counter to the prosperous city-state’s vibrant culture and have unsuccessfully challenged the law in court.

“I am delighted and relieved for Singapore’s LGBT community,” said Roy Tan, one of several people who unsuccessfully challenged the law in court.

Describing the repeal as the result of an “arduous” struggle, Tan said “we can gradually break down the barriers to queer citizens’ visibility and progress.”

While the law remained on the books, no one has been arrested or charged under Article 377A in Singapore for more than a decade, activists say.

Sunday’s announcement also laid obstacles on the road to full marriage equality.

Lee said national policies such as access to subsidized public housing and adoption rules will continue to be based on the traditional definition of marriage.

As it stands, people can still challenge the constitutionality of the definition. But Lee said doing so would run the risk of 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.

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.

The constitution would need to be amended to shield the definition of marriage from further constitutional challenges, Lee said, a move likely to sail through parliament if taken given the ruling People’s Action Party has a more than two-thirds majority Has.

It was 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 said the repeal was “the first step on a long road to full equality”.

But they opposed further legislation and constitutional amendments to protect the traditional definition of marriage because they would encourage inequality.

“We urge the government to ignore recent calls by religious conservatives to enshrine the definition of marriage in the constitution,” more than 20 LGBTQ groups said in a joint statement 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.”

Tan, the activist, said: “I look forward to a future where we can hold our heads high before the law as equals, rather than living as marginalized second-class citizens in our own country.”

Maria Sjodin, executive director of US-based LGBTQ rights campaigner OutRight Action International, said the repeal will “hopefully also inspire the ongoing fight around the world to repeal the laws that impede 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.