BY EMILY MAE CZACHOR
Members of Singapore’s parliament announced their decision this week to repeal a criminal law against sex between men, after years of backlash from critics who have for years viewed the colonial-era ban as discriminatory.
The statute, which was added to Singapore’s penal code almost 100 years ago while under British control, threatened punishment of up to two years in prison for men who engaged in sex of any kind with other men, even if sex was consensual and took place in private. Although LGBTQ+ activists in Singapore acknowledged that the law as stated, called Section 377A, has not been enforced in decades, they still celebrated what advocacy group Pink Dot, referencing the repeal, told AFP was a “historic milestone for LGBTQ+ equality.”
Law Minister K. Shanmugam said in remarks given at Parliament on Monday that, because sex between men is unrelated to “public order issues” in Singapore, engaging in it should not be criminalized. Echoing the general tenor of this week’s parliamentary meetings to discuss lifting the ban, Shanmugam also said that leaving the decision up to the courts could potentially have “consequences on family policies.”
Members of parliament established an amendment to Singapore’s constitution during the same series of sessions held to repeal Section 377A. This amendment maintains the definition of marriage as a heterosexual relationship and forbids courts from challenging it or any marriage-related laws, leaving all decisions to the executive and legislature. In practice, the amendment severely restricts Singapore’s ability to legalize marriage for LGBTQ+ people.
Singapore Prime Minister Lee Hsien Loong responded to both parliamentary decisions by calling both constitutional changes “balanced, wise steps forward” and expressing his “happiness” with the results in a Facebook post.
“The result is important in and of itself. We are decriminalizing male-to-male sex, a long-standing problem that affects more than just gay Singaporeans “He composed. “At the same time, we defend the constitutionality of the definition of marriage, which is a union between a man and a woman. Together, these represent sensible, well-balanced advancements.”
The passage of both bills, according to the parliament, was intended “to address the concerns of various parties who are for and against the repeal” of Singapore’s prior ban, it was noted on Monday.
Nevertheless, the LGBTQ+ community in the nation expressed relief after Section 377A was overturned, according to AFP. According to AFP, Roy Tan, a physician who had unsuccessfully attempted to have the now-gone law struck down in court before, expressed his gratitude and privilege at witnessing the repeal and called it “the beginning of a new chapter in the history of Singapore’s LGBT community.”
Tan reportedly told the outlet that the repeal of the law would help the community “open up the doors to have that frank conversation about our queer lives in Singapore.” Benjamin Xue, a 39-year-old gay man, said the repeal would help the community “start dismantling impediments to the visibility and progress of queer citizens.” According to AFP, Xue described the constitutional amendment as “an uncomfortable thing to swallow right now.”
