Singaporeans ‘don’t want’ gay marriage, law minister says, as he signals Section 377A review under way

Singapore’s law minister K. Shanmugam said in a Facebook video that the government was reviewing a colonial-era law criminalising gay sex
‘Many agree that men who have sex with each other should not be thrown in prison’, he said, while noting that ‘people don’t want’ same-sex marriage

Singapore

Bloomberg

Published: 12:21pm, 1 Aug 2022

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Public discussion on a colonial-era law that criminalises sex between men is gaining momentum in Singapore, where a senior minister said any easing would ensure the current definition of marriage is protected.

While the government is reviewing the regulation, “at the same time we are considering how can we safeguard the current legal position on marriage from being challenged in the courts,” Law and Home Affairs Minister K. Shanmugam said in a Facebook video clip posted at the weekend. “We are now considering how best to achieve this balance.”

Singapore has grappled with how to make its society more inclusive of the LGBT community even as some countries around the world move toward recognising same-sex marriages.

Several attempts to overturn the legal ban on sex between men, known as Section 377A of the Penal Code, have failed in courts over the years.

Thailand, regarded as conservative and deeply religious, became the first country in Southeast Asia to move toward legalising same-sex unions this year.

The colonial-era law reflected Singapore’s conservative stance toward the LGBT community, and any discussion of changing it in the past has drawn resistance from religious groups.

Recent comments from the Catholic Church and an LGBT group signal a potential compromise that would address the biggest concerns of both sides – decriminalising sex between men while stopping short of recognising same-sex marriages.

Is Singapore edging closer to repealing Section 377A?

Singapore’s Catholic Church said on Sunday it respects the dignity of LGBT community, but asked for the right to maintain the position on marriage.

“The fruitfulness of marriage also necessitates that marriage must be open to procreation,” the Roman Catholic Archdiocese of Singapore said in a statement posted on its website.

In Singapore’s religiously diverse society, about 19 per cent of Singaporeans identify as Christian, while Buddhism is the largest group with 31 per cent.

A 2014 court challenge against 377A failed when Singapore’s Supreme Court ruled it was a constitutional matter. In February, the Court of Appeal upheld a lower court’s decision to dismiss three challenges to Section 377A. The law has not been actively enforced for over a decade.

Singapore’s Supreme Court complex. The current legal definition of marriage should be discussed in parliament and not in the courts, Shanmugam said. Photo: Roy Issa

Dealing with 377A, while also maintaining the current legal definition that marriage is between a man and a woman, should be discussed and decided in parliament and not in the courts, Shanmugam said.

The local LGBT community has no immediate plans to mount legal challenges to redefine marriage’s definition, Leow Yangfa, the executive director of rights group Oogachaga, was cited by the Today news outlet as saying.

Taiwan is the only Asian jurisdiction that legally recognises same-sex marriage. Vietnam allows same-sex couples to have symbolic weddings but doesn’t recognise the marriage. Hong Kong doesn’t allow it, but does permit gay expatriate workers to bring their spouses in on dependent visas. Myanmar, Malaysia, Singapore and Brunei have rules that outlaw sexual relations between people of the same gender.

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