Cover Photo: Facebook/Pink Dot SG
Photo: Facebook/Pink Dot SG
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Prime Minister Lee Hsien Loong made the announcement in his National Day Rally speech, revoking a colonial-era law that criminalises sex between men
Singapore will repeal Section 377A of the Penal Code, said Prime Minister Lee Hsien Loong during his National Day Rally speech on Sunday (August 21).
Mr Lee emphasised that the Government will continue to uphold and reinforce the importance of marriage between a man and a woman through national policies. He added that most Singaporeans have voiced concerns about keeping it this way.
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Mr Lee went on to explain that the reason the country would be repealing the law is that there is a significant risk of the law being struck down by judges in future legal challenges. He added that it would be unwise to ignore this and do nothing.
He also acknowledged that societal attitudes towards the homosexual community have “shifted appreciably” and that it is about time that lawmakers consider whether sex between men in private should be a criminal offence.
“We need to find the right way to reconcile and accommodate both the traditional mores of our society and the aspiration of gay Singaporeans to be respected and accepted,” he said in his speech.
“I believe (repeal) is the right thing to do, and something that most Singaporeans will now accept. This will bring the law into line with current social mores, and I hope, provide some relief to gay Singaporeans.”
The news comes just months after the Court of Appeal ruled in February this year that Section 377A of the Penal Code was unenforceable. Following this, Cabinet ministers consulted heavily with religious leaders, lesbian, gay, bisexual and transgender (LGBT) groups as well as regular Singaporeans to figure out how best to deal with the law.
The court then ruled that Section 377A would remain on the books but could not be used to criminalise gay sex.
Following this, Minister for Home Affairs and Law K. Shanmugam and Attorney-General Lucien Wong advised the government that in a future court challenge, there is a significant risk of the law being struck down on the grounds that it breaches Article 12 of the Constitution which is the Equal Protection provision. This dictates that all persons are equal before the law and entitled to equal protection of the law, according to the Singapore Statutes Online, a government law website.
Mr Lee said on Sunday that Section 377A was originally introduced in the 1930s by the British colonial government and that it reflected the moral attitudes and social norms that prevailed back then. Since then, homosexuality has become better understood and has resulted in greater acceptance of gay people.
“It is timely to ask ourselves again the fundamental question: should sex between men in private be a criminal offence?” he said
“Like every human society, we also have gay people in our midst. They are our fellow Singaporeans. They are our colleagues, our friends, and our family members. They too want to live their own lives, participate in our community, and contribute fully to Singapore,” he continued.
He acknowledged as well that while Singaporeans do still hold differing views on homosexuality, most do accept that a person’s sexual orientation and behaviour is a private and personal matter, and that sex between men should not be a criminal offence. Mr Lee added that even among those who want to retain Section 377A, most do not want to see it being actively enforced.
“Most Singaporeans would like to keep our society like this. This is the government’s position too,” he said. “We have upheld and reinforced the importance of families through many national policies, and we will continue to do so.”
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Camillia Dass is the digital writer for Tatler Singapore.
