Singapore lifts colonial-era ban on gay sex but limits prospects of legalising same-sex marriage

Singapore has repealed a colonial-era law that criminalised sex between men and amended the constitution as well to prevent court challenges to legalise same-sex marriage.

The move on Tuesday comes following persistent appeals by LGBT+ rights activists to decriminalise gay sex by revoking Section 377A of the country’s criminal code, which made sex between men punishable by up to two years in prison.

Defending the constitutional amendment, the government argued that decisions on what should define a marriage should not be led by courts. Prime minister Lee Hsien Loong and his successor have ruled out any changes to the current legal heteronormative definition of marriage.

“The time has come for us to remove Section 377A,” internal affairs minister K Shanmugam told the parliament during the two-day debate.

“It humiliates and hurts gay people,” he added.

“Most gay people do not cause harm to others, they just want to live peacefully and quietly and be accepted as part of society the same as any other Singaporean.”

The colonial-era law was struck down after the prime minister announced his decision to repeal Section 377A in August as Singaporean society became “more accepting” of gay people.

“The government will repeal Section 377A and decriminalise sex between men,” Mr Lee had said in a televised National Day Rally speech. “I believe this is the right thing to do and something that Singaporeans will accept.”

Although the constitutional amendment is seen as a compromise to pacify religious groups, there is room for a future parliament to expand the definition of marriage.

“We will try and maintain a balance... to uphold a stable society with traditional, heterosexual family values, but with space for homosexuals to live their lives and contribute to society,” Mr Shanmugam said.

Both the repeal and amendment were passed with an overwhelming majority by the People's Action Party-dominated parliament.

The ruling party did not lift the whip during the vote, despite pressure from religious groups who asked the party to allow lawmakers to vote according to their conscience.

Deputy prime minister Lawrence Wong said the government wanted to ensure a “very limited, careful and controlled repeal of Section 377A”.

Bryan Choong, chair of LGBT+ advocacy group Oogachaga, told Reuters it was a historical moment for activists who were campaigning for 15 years.

He, however, added that LGBT+ couples and families also “have the right to be recognised and protected”.