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The Guardian - UK
The Guardian - UK
World
Rebecca Ratcliffe South-east Asia correspondent

Singapore to repeal law that criminalises sex between men

LGBTQ+ rights campaigners at the annual “Pink Dot” event at Hong Lim Park in Singapore in June
LGBTQ+ rights campaigners at the annual ‘Pink Dot’ event at Hong Lim Park in Singapore in June. Photograph: Roslan Rahman/AFP/Getty Images

Singapore will repeal a colonial-era law that criminalises sex between men, a landmark decision described by LGBTQ+ groups as “a win for humanity”.

In a national address on Sunday, the prime minister, Lee Hsien Loong, said that scrapping section 377A of the penal code would bring the law into line with current social attitudes and “provide some relief to gay Singaporeans”.

However, Lee added that the government did not want “wholesale changes in our society”, including changes to the legal definition of marriage.

“Even as we repeal 377A, we will uphold and safeguard the institution of marriage. Under the law, only marriages between one man and one woman are recognised in Singapore,” he said.

Section 377A, which was introduced under British colonial rule, criminalises “any act of gross indecency with another male person”. The law carries a sentence of up to two years in prison, though it is not believed to have been enforced for more than a decade.

Campaigners gather in a formation protesting section 377A of Singapore’s penal code
Campaigners gather in a formation protesting against section 377A of Singapore’s penal code which criminalises ‘any act of gross indecency with another male person’. Photograph: Feline Lim/Reuters

For years, campaigners have repeatedly challenged section 377A in the courts, but have been unsuccessful.

A joint statement, released by 22 LGBTQ+ groups, expressed relief that the law would finally be changed, describing the news as “our hard-won victory, a triumph of love over fear”.

“The repeal of section 377A, while long overdue, is a significant milestone and a powerful statement that state-sanctioned discrimination has no place in Singapore,” said the statement, which was signed by various groups, including Pink Dot Sg, a non-profit movement in support of the LGBTQ+ community. The decision was “a win for humanity”, it said.

“For everyone who has experienced the kinds of bullying, rejection and harassment enabled by this law, repeal finally enables us to begin the process of healing. For those that long for a more equal and inclusive Singapore, repeal signifies that change is indeed possible,” it said.

However, the groups said the move to repeal the law had arrived far too late for many. “To the past victims of section 377A and its cascading effects, including those who have faced threats of police entrapment, raids and criminal charges, repeal will never be able to fully right the historic wrongs that you faced.”

The groups also expressed disappointment that Lee said he intended to change the constitution to prevent future legal challenges to the existing definition of marriage.

Polling has suggested that Singaporeans have become more supportive of same-sex relationships. Ipsos research, released in June, found that fewer than half of people surveyed, 44%, agreed with section 377A – down from 55% in 2018.

A gay couple kiss during a mass wedding banquet in front of the Presidential Palace in Taipei. Taiwan is the only country in Asia to legally recognise same sex marriage.
A gay couple kiss during a mass wedding banquet in front of the Presidential Palace in Taipei. Taiwan is the only country in Asia to legally recognise same sex marriage. Photograph: Sam Yeh/AFP/Getty Images

Religious groups, however, have voiced opposition to change, and have said this could lead to further calls for equal marriage.

Lee said during his National Day Rally speech on Sunday that most Singaporeans do not want changes to the definition of marriage, nor to “what we teach children in schools, what’s shown on free-to-air television and in cinemas, or what is generally acceptable conduct in public”.

Singapore’s broadcasting codes restrict content that promotes LGBTQ+ “lifestyles”, and have led to high-profile figures being censored, including Barack Obama’s 2016 appearance on the Ellen DeGeneres Show, in which he praised the host as a role model. More recently Disney and Pixar’s Lightyear was rated unsuitable for children aged under 16, because it features a lesbian couple.

Benjamin Xue, a co-founder of the LGBTQ+ youth support group Young Out Here, said the announcement that section 377A would be repealed was a pivotal moment that he hoped would “increase empathy and understanding for future policy changes”.

Section 377, a legacy of colonial rule, continues to exist in some form in many countries across Asia, including in south-east Asia countries such as Malaysia, Myanmar and Brunei.

Across Asia, only Taiwan has legally recognised same sex marriage.

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