Singapore decriminalized homosexuality, but with a caveat

LGBT rights were once considered a taboo subject in Singapore. Police would raid underground gay clubs and gatherings, and TV shows and movies that are deemed to “promote homosexuality” could be banned.

On Sunday night, gay Singaporeans and their friends congregated across the island to watch history unfold on national television. Prime Minister Lee Hsien Loong declared on screen that the country would repeal the contentious 377A law, effectively legalizing homosexuality.

Many people applauded and waved rainbow flags. Their joy, however, was quickly tempered by confusion when Mr Lee made another announcement.

Because the majority of Singaporeans do not want a “drastic shift,” he said, his government will “protect” the definition of marriage as one between a man and a woman, effectively ruling out marriage equality for the time being.

Officials told local media that they would change the constitution so that only parliament has the authority to redefine marriage.

This effectively places any decision on gay marriage in the hands of the government, rather than the courts.

Mr Lee argued in his speech that this was necessary because gay marriage is primarily a political issue rather than a legal one.

Tomorrow, the healing will begin, but the road to equality will be a long one. We have taken the first step. Remy Choo, lawyer and activist

A 44-year-old content manager Jeremy Gopalan told BBC, “It’s a very emotional moment. Hopefully this is the beginning of a journey. We have not felt very protected for a long time.”

Bryan Choong, chair of the LGBT counselling organisation Oogachaga, said the organisation was “excited and hopeful” to learn of S377A’s impending repeal.

Although the repeal of Section 377 A is a step in the right direction, most of us are unaware that 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.

Many former colonies in Asia still have the British version of Section 377. Along with Singapore, former British colonies such as India, Myanmar, Brunei, and Malaysia all had Section 377 in some form or another. While India repealed the law in 2018, many Asian countries have been working to do the same. Taiwan is the only Asian country that has legally recognised the right of same-sex couples to marry. Thailand also approved a proposal allowing same-sex unions to be formed in June of this year.