The gay community in Singapore hailed a plan to decriminalise sex between men on Monday as a “victory of love over fear,” but warned that there is still a long way to go and that new bans on same-sex unions could entrench discrimination against them.
When Parliament last discussed repealing Section 377A in 2007, its stance was to preserve the legislation but not enforce it.
However, Lee claims that cultural standards have evolved significantly and that many Singaporeans now support legalisation.
Many people were surprised when Prime Minister Lee Hsien Loong announced in his National Day Rally speech on Sunday that the government would repeal Section 377A of the Penal Code, a colonial-era law that made sex between men punishable by up to two years in prison.
Though the legislation legally only criminalises sex between males, it is seen as a blanket prohibition on homosexuality, according to the BBC.
According to BBC News, Lee said, “This is the proper thing to do, and something that most Singaporeans would embrace.” Section 377A repeal will bring Singapore’s laws in line with “contemporary societal mores, and I hope, give some relief to homosexual Singaporeans,” Lee said.
Lee, on the other hand, has promised that the repeal will be limited and will not disrupt Singapore’s traditional family and societal norms, such as how marriage is defined, what children are taught in schools, what is shown on television, and general public behaviour.
He said that the government would modify the constitution to “protect the institution of marriage” and to preclude any constitutional challenge to same-sex marriage.
The repeal or constitutional change’s timetable was not mentioned.
More than 20 lesbian, gay, bisexual, and transgender organisations, including Pink Dot SG, which organises an annual rally attended by thousands of people, said the repeal was long overdue and would demonstrate that “state-sanctioned discrimination has no place in Singapore.”
They referred to it as a “hard-won win, a triumph of love over fear” that would allow victims of bullying, rejection, and harassment to finally recover.
However, the groups claimed that the repeal was only “the first step on a long road towards full equality for LGBTQ people,” despite the fact that they face discrimination at home, in schools, workplaces, and in housing and health care systems.
They were disappointed by the government’s plan to introduce additional legislation or constitutional amendments to prohibit same-sex unions, which would mark LGBTQ people as unequal citizens.
They warned that such a decision would “undermine the secular character of our constitution, codify further discrimination into supreme law, and bind the hands of future Parliaments.”
Religious organisations reacted cautiously to Lee’s remarks, saying the revisions must not limit their religious freedom to express opinions on public morals or create “reverse discrimination” against individuals who oppose homosexuality.
Christian and Muslim organisations have maintained that until Section 377A is removed, heterosexual marriage must be safeguarded in the constitution and that no further policy liberalisation should occur.
“We demand the government’s guarantee that churches’ religious freedom will be maintained while we continue to educate against and spotlight same-sex sexual behaviours,” the National Council of Churches said in a statement.
It said that pastors and church employees must be safeguarded from claims of “hate speech” and should not be forced to use just “LGBTQ-affirming” tactics in their counselling.
The council expressed worry that the repeal will lead to the expansion of LGBTQ culture and urged for redress for Christians who experience “reverse discrimination.”
The Alliance of Pentecostal and Charismatic Churches of Singapore, which represents over 80 local churches, was blunter, calling the decision “very disappointing.”
“The decision to repeal such a significant moral marker as S377A signifies a rewriting of acceptable sexual relationships, and celebrates homosexuality as a feature of a mainstream social context,” it stated.
The Roman Catholic Archdiocese of Singapore said that the church is not attempting to prosecute the LGBQT community, but rather to safeguard the family and marriage, as well as the ability to freely educate and practise on such matters.
Mufti Nazirudin Mohd Nasir, Singapore’s senior Islamic leader, said the repeal was a “difficult balancing job” and that actions to protect traditional values were critical.
“Even though we have different beliefs, objectives, and orientations, I don’t believe we should allow hatred and disdain for diversity to triumph,” he told Channel News Asia.
Section 377A was enacted in the 1930s under British colonial control. Other former British colonies, particularly neighbouring Malaysia, still have versions of the statute.
However, rules in Asia have been liberalised in recent years. In a 2018 judgement, India’s Supreme Court decriminalised homosexual sex. In 2019, Taiwan became the first Asian country to legalise homosexual marriage, while Thailand just approved proposals to allow same-sex nuptials.
Tan Ern Ser, a sociologist at the National University of Singapore, believes the repeal might pave the way for future constitutional challenges.
“On the surface, it seems to be one stride ahead, two steps back,” Tan said. “However, my opinion is that the repeal might be considered as a foot in the door, paving the way for future constitutional attacks on the present definition of family and marriage.”