Explained: How Singapore is walking a tight rope decriminalising gay sex

What is Section 377A?

Section 377A is a law that was imposed during the colonial era by the British in 1938. The law has not been enforced in over a decade but activists have argued that it creates a sense of discrimination against gay men. Section 377A imposes imprisonment for up to two years for men who engage in “any act of gross indecency with another male person”.

The law does not apply to Singapore’s women.

The law states, “any male person who, in public or private, commits, or abets the commission of, or procures or attempts to procure the commission by any male person of, any act of gross indecency with another male person, shall be punished with imprisonment for a term which may extend to two years”. The law further states that if the act is carried out publicly or privately is irrelevant.

Lee who has been the Prime Minister of Singapore since 2004, has long maintained that the law was essential and Singapore was unprepared and conservative to accept the repealing of Section 377A. In 2007, Lee said in a speech, “We should strive to maintain a balance — to uphold a stable society with traditional heterosexual family values, but with space for homosexuals to live their lives and to contribute to the society.”

Repealing Section 377A

Lee said the Singapore government has decided to repeal Section 377A because “I believe this is the right thing to do and something that Singaporeans will accept”. While the law has not been enforced in over 15 years, gay rights activists in the country have fought long and hard to repeal it.

Although, Lee asserted that the constitution will be amended in order to define marriage as only between a man and a woman. He said, “We will keep our policies on family and marriage unchanged and maintain the prevailing norms and social values of our society.”

While many contested this approach that wouldn’t give a complete right to gay people, Lee added, “Every group must accept that it cannot get everything it wants because it is simply not possible… And we must maintain the mutual respect and trust that we have painstakingly built up over the years and stay united as one people.”

Lee also said on Monday that the move was taken after three gay men approached the country’s Supreme Court in February this year challenging the law. While the Supreme Court refused to overturn Section 377A, it said that the Parliament was authorised to make a decision on the issue as the court was not the “front-runner for social change or an architect of social policy”.

Singapore’s parliament had in 2007 repealed Section 377 which prohibited anal and oral sex between adults but it decided to keep Section 377A.

In 2019, during the Smart Nation Summit in Singapore, Lee had said that 377A would be kept for “some time”, but had added that LGTB were welcome to live and work in Singapore. “Whatever your sexual orientation is, you’re welcome to come and work in Singapore… You know our rules in Singapore. It is the way this society is: We are not like San Francisco, neither are we like some countries in the Middle East. [We are] something in between, it is the way the society is,” The Independent quoted Lee saying.

For years, activists have said that laws and social attitudes would impact Singapore’s image as a global financial hub and its attempts to attract workers from diverse backgrounds. Activists had also said the laws perpetuated stigmas against LGBT people.

According to an Ipsos report from June this year, an “increased opposition towards Section 377A, support for same-sex parents and a willingness to speak up against unfairness towards the LGBTQ community point to a growing acceptance of same-sex relationships among Singaporeans.”

The report said that Singaporeans were more “willing to speak out against prejudice towards the lesbian, gay, bisexual, transgender and queer (LGBTQ) community,” with attitudes becoming more favourible towards same-sex relationships, particularly among young adults.

Data & graph credit: IPSOS

What activists have said

While the move has been celebrated by gay rights activists across the country, the concern regarding the constitutional amendment regarding marriage prevails. As reported by The New York Times, a group of over a dozen activists signed a statement saying, “We urge the government not to heed recent calls from religious conservatives to enshrine the definition of marriage into the Constitution…Such a decision will undermine the secular character of our Constitution, codify further discrimination into supreme law and tie the hands of future Parliaments.”

Not everyone is happy with the development, however. Religious groups in Singapore have voiced discontent and opposition to change, a Guardian report said, adding that their concerns include fears that this move could “lead to further calls for equal marriage.”

Asia and Section 377

The British version of Section 377 continues to exist in many former colonies across Asia. Along with Singapore, former British colonies including India, Myanmar, Brunei and Malaysia had Section 377 in some form or other. While India repealed the law in 2018, many Asian countries have been working towards doing the same. Taiwan is the only country across Asia that has legally recognised the right to marriage between same-sex couples. In June this year, Thailand also approved a draft bill that allowed same-sex unions to be formed.