Towards Equality! Singapore Decriminalises Gay Sex, Still Excludes Them From Constitution Definition Of Marriage

Adopted from the British colonial era, section 377A of Singapore's penal code made sex between men illegal with imprisonment of up to two years. For a long time now, gay rights activists and the LGBTQIA+ community have struggled to get rid of the draconian law, but it had only led to unsuccessful legal battles.

In the light of the recent announcement made by Singapore's Prime Minister Lee Hsien Loong, the country will now welcome the decision to repeal Section 377A of the penal code. However, the law only decriminalises gay sex and would not identify gay marriage under the constitutionally accepted definition of marriage.

Welcoming An Inclusive And Modern Culture

Among the most commonly argued statements by gay rights campaigners was that the colonial-era law ran in conflict with the city-state's modern and vibrant culture. After multiple unsuccessful legal attempts to strike down the law, Prime Minister Lee Hsien Loong's announcement to repeal the law was seen across as a hopeful move.

During the annual national day rally speech, Lee addressed the widespread crowd and asked them if "Sex between men in private be a criminal offence?". He said that the Singaporean society, with its young and open-minded people, was becoming more accepting of the homosexual community, which made him believe that it was the right decision to make. Lee had not specified when exactly Section 377A would be repealed, but the speech has been viewed as a positive change toward a more accepting and inclusive community.

Earlier, the law criminalised gay relations, with offenders having to face a jail term of up to two years. The law does not talk about sexual relations between women or other genders, and there have been no known convictions of sex between consenting adult males for over decades in Singapore. They believe that the move would enable many gay folks to finally heal from all the bullying, rejection, and harassment they had to face due to their identity. Adding on to it, they said that "For those that long for a more equal and inclusive Singapore, repeal signifies that change is indeed possible".

However, the repeal in itself has limited itself to simply decriminalising gay sex and fails to identify LGBTQ marriage within the constitutionally accepted meaning of marriage. The statement added that ruling out same-sex marriage would further perpetuate discrimination and would continue to hold back the community from achieving the desired equality.

Resistance Against The Repeal

Before Singapore, India had scrapped the colonial-era ban on gay sex in 2018. Recently even Thailand has been moving closer to legalising homosexual relations. Singapore has become the latest country in Asia to ensure that equal rights are accessible to the LGBTQ community.

However, this decision was not devoid of challenges. Multiple religious groups, including Muslims, Catholics and some Protestants, resisted the decision to repeal the law. A report by the NDTV had said that an alliance of more than 80 Protestant churches in Singapore had warned against the removal of the law, which they considered a "marker for many social and moral considerations". Following the government's announcement on August 21, the alliance expressed strong disappointment and called it an "extremely regrettable decision which will have a profound impact on the culture that our children and future generations of Singaporeans live in".

Lee was able to douse the situation to an extent by expressing the government's continued support for the traditional definition of marriage. He mentioned in his speech that marriage would continue to be a system between a man and a woman, and children would continue to be raised within these traditional systems of families. Through this means, the government has attempted to repeal Section 377A in a controlled and careful manner.

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