Section 377A: repeal of Singapore’s gay sex law no guarantee of LGBTQ rights progress

While the decision is something to celebrate, there are questions on whether it could inspire greater resistance to marriage equality

Eunice Yang

Published: 3:15pm, 26 Aug, 2022

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It has been a cheerful week for LGBT activists in Singapore. Prime Minister Lee Hsien Loong said on Sunday that the government would repeal Section 377A, the archaic law that criminalises sex between men.

The debate over whether Section 377A, which was introduced into the Singapore Penal Code in 1938, should be repealed has been going on for 15 years and is finally approaching an end. The law has not been actively enforced, and in recent years activists in Singapore have mounted a series of constitutional challenges to the law, but all of them were dismissed.

Lee said he hoped the repeal would “provide some relief to gay Singaporeans”, and it is a huge step forward to many in Singapore. The decision is of landmark significance as, according to lawyer and activist Remy Choo, “With the repeal of S377A, LGBTQ Singaporeans will no longer be considered criminals in the eyes of the law. This law has caused untold harm to a significant section of our population.”

Given the fact Section 377A has not been enforced for years, though, there could be questions around whether the repeal represents progress or is actually a trap. The long-expected decision could bring about greater resistance to the effort to legalise same-sex marriage.

Lee said the constitution would be amended to “protect the definition of marriage from being challenged constitutionally in the courts”, limiting the definition of marriage in Singapore to only between a man and a woman.

Enshrining the traditional definition of marriage could bring about more far-reaching legal consequences. Many of Singapore’s laws and policies are based on the existing definition of marriage, including public housing, education and media policies. Without changing the constitution to affirm the definition of marriage as that between a man and a woman, these can be challenged under Article 12 of the constitution, which states that all people are equal before the law.

02:30

Singapore to scrap anti-gay sex law, but upholds ban on same-sex marriage

The attitude of the Singapore government on this issue is also worth noting. Law and Home Affairs Minister K. Shanmugam went into further detail on Monday, saying that the government was doing nothing more than maintaining the stability of the legal system by enforcing a traditional definition of marriage and that it was the job of Parliament, not the judiciary, to decide on political issues such as the definition of marriage.

His statement throws the issue of equal rights for sexual minorities in Singapore back on society. He also suggested that specific current laws are dictated by the cultural and cognitive context of society and that it is a contest between democracy and human rights.

Singapore has freedom of faith, and the number of people who self-identify as being non-religious is on the rise. Surveys show, however, that social attitudes remain somewhat conservative. The tendency towards conservative cultural beliefs in Asian communities helps keep the acceptance of sexual minorities at a relatively low level in society.

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Lee said in 2015 that Singapore was not ready for same-sex marriage as the society was still “basically a conservative one”. Seven years have passed, and the culture in Singapore has not changed so much to the point where the chances of legalising same-sex marriage have a promising future.

This repeal might turn into a spark to do more in Singapore, but it is still far from enough. There is still a long way to go in the fight for equal rights for sexual minorities in Asia.

Eunice Yang is a summer intern at the Post. Lunar is a Post initiative that highlights key issues related to women and gender equality in Asia