Singapore decriminalizes sex between men but maintains ban on gay marriage

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Singapore will decriminalize sex between men but has no plans to change the legal definition of marriage as a union between a man and a woman, Prime Minister Lee Hsien Loong announced on Sunday.

LGBTQIA+ groups welcomed the decision to repeal Section 377A of the Penal Code, a colonial-era law that criminalizes sex between men, but also expressed concern that not including same-sex marriage in the change will help perpetuate discrimination.

Lee said Singaporean society, especially the younger section, is becoming more gay-friendly. “I believe this is the right thing to do and something that most Singaporeans will now accept,” he said.

It was unclear when exactly Section 377A will be repealed.

With this Sunday’s announcement, Singapore becomes the latest Asian country to move to end discrimination against the LGBTQIA+ group. In 2018, India’s highest court scrapped a colonial-era ban on gay sex, while Thailand has recently moved closer to legalizing same-sex unions.

Under Singapore law, violators of Section 377A can be jailed for up to two years — but there have been no known convictions for consensual sex between adult men for decades. The law also does not include sex between women.

Lesbian, gay, bisexual, transgender and queer groups across the country have faced numerous legal challenges trying to overturn the law, but none have been successful.

On Sunday, these organizations released a joint statement saying they are “relieved” by Lee’s announcement.

“For all those who have suffered every kind of bullying, rejection and harassment allowed by this law, the repeal finally allows the healing process to begin. For those who yearn for a more equal and inclusive Singapore, the repeal means that change is indeed possible “, they said, in the text.

The document also urges the government not to heed calls from religious conservatives to restate the Constitution’s existing definition of marriage, saying it would signal that LGBTQIA+ citizens are not equal.

Wedding

In his speech, however, the prime minister emphasized his government’s continued support for the traditional definition of marriage: “We believe that marriage should be between a man and a woman, that children should be raised within such families, that traditional family must form the basic foundation of society,” he said.

Singapore “will protect the definition of marriage from being constitutionally challenged in the courts,” he continued. “This will help us repeal Section 377A in a controlled and carefully evaluated manner.”

Some religious groups, including Muslims, Catholics and Protestants, continued to resist the decriminalization announced now, Lee said.

An alliance of more than 80 churches expressed strong disappointment with the government’s decision. “The repeal is an extremely regrettable decision that will have a profound impact on the culture in which our children and future generations of Singaporeans will live,” the statement said.

In February, Singapore’s highest court ruled that because the law criminalizing relationships between men was not being enforced, it did not violate constitutional rights, as LGBTQIA+ advocacy groups argued, and reaffirmed that no legal provision could be used. to prosecute these people.

Singapore is a multi-racial and multi-religious society of 5.5 million people, of which about 16% are Muslim, and with large Buddhist and Christian communities. The population is predominantly ethnic Chinese, with significant Malay and Indian minorities, according to the 2020 census.

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