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SocietySingapore

Singapore parliament decriminalizes gay sex

November 29, 2022

Parliament scrapped a rarely enforced colonial-era law criminalizing sex between men. However, it introduced a constitutional amendment that stands in the way of marriage equality.

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 People wave a rainbow flag during the Pink Dot event held in Singapore's Hong Lim Park on July 1, 2017.
LGBTQ rights supporters in Singapore have called for the colonial-era law to be repealed for yearsImage: Then Chih Wey/Photoshot/picture alliance

Singapore's parliament scrapped on Tuesday a shelved, colonial-era law that criminalizes gay sex while also introducing a constitutional amendment that blocks full marriage equality.

As per the British colonial-era law, sex between men was punishable by up to two years in jail. The law has been criticized for discriminating against the LGBTQ community.

Parliament's decriminalization was preceded by several failed attempts to repeal the law in the courts. However, Prime Minister Lee Hsien Loong had announced the decriminalization plans  earleir in the summer.

How did the LGBTQ community react to the decriminalization?

Singapore's LGBTQ community welcomed parliament's decision to scrap the jail penalty for men who have sex with other men.

"The air I breathe is definitely feeling a lot lighter now," Benjamin Xue, a 39-year-old Singaporean told the French news agency AFP.

Roy Tan, a doctor who had unsuccessfully challenged the law in court, expressed hopes that the decriminalization would help get rid of the stigmatization of the LGBTQ community.

Attendees form the characters Repeal 377A in a call to repeal Section 377A of Singapore's Penal Code which criminalises sex between men.
Parliament's decriminalization of sex between men was preceded by several failed attempts to repeal the law in the courtsImage: Ore Huiying/Getty Images

Justin, a Singaporean man who only gave his first name for fear of workplace discrimination, described the decriminalization to AFP as a "first step to remove the social and religious stigma that has been upon the community because of outdated beliefs, and media censorship."

Why is same-sex marriage still banned?

However, many of Singapore's LGBTQ communities remain frustrated with parliament's legal amendment on Tuesday. The amendment effectively bans marriage equality for LGBTQ people.

The amendment supports the country's existing definition of marriage, which strictly confines it to a relationship between a man and a woman.

The government defended the amendment, stressing that decisions on the issue should not be made in courts.

The country's prime minister, Lee Hsien Loong, and his likely successor both ruled out any amendments in sight for the definition of marriage.

"We will try and maintain a balance...to uphold a stable society with traditional, heterosexual family values, but with space for homosexuals to live their lives and contribute to society," the Reuters news agency quoted Home Affairs Minister K. Shanmugam as saying in parliament this week.

Shanmugam also said the definition of marriage needed protection from the prospect of challenging the heterosexual structure. He warned that such a scenario could endanger all government policies such as housing and health care.

More Asian countries have recently taken similar steps to recognize LGBTQ rights, with similar moves taking place in Taiwan, Thailand and India.

rmt/sms (AFP, Reuters)