Singapore to repeal 377A, amend Constitution to prevent challenges to definition of marriage

SINGAPORE will repeal a colonial-era law that criminalises sex between men, but also amend the Constitution to prevent legal challenges to the definition of marriage, Prime Minister Lee Hsien Loong announced in his National Day Rally speech on Sunday (Aug 21).

There is no intention to change national policies that rely on the legal definition of marriage as being between a man and a woman, in areas such as public housing, education, adoption rules, advertising standards, and film classification, he added.

PM Lee said he believed the repeal of Section 377A of the Penal Code “is the right thing to do, and something that most Singaporeans will now accept”. He did not give a timeframe for when the changes will take place.

The decision takes into account greater societal acceptance of gay people, as well as the risk of the law being struck down via a constitutional challenge.

“By and large, Singapore is a traditional society with conservative social values,” said PM Lee, citing the views that marriage should be between a man and a woman; that children should be born and raised within such families; and that “the traditional family should form the basic building block of our society”.

Most Singaporeans – and the government – would like to keep society this way, he said. But gay people are also “our fellow Singaporeans” who want to “live their own lives, participate in our community, and contribute fully to Singapore”.

GET BT IN YOUR INBOX DAILY

Start and end each day with the latest news stories and analyses delivered straight to your inbox.

Sign UpVIEW ALL

Section 377A reflects moral attitudes and social norms from the 1930s, when it was introduced, said PM Lee. But homosexuality has since become better understood and in many societies, including Singapore, “gay people have become more accepted for who they are, instead of being shunned and stigmatised”.

Parliament last debated whether to repeal the law back in 2007. Since then, attitudes have shifted, said PM Lee: “While we remain a broadly conservative society, gay people are now better accepted in Singapore, especially among younger Singaporeans.”

Public discussion of 377A has intensified in recent months, with the government also consulting various groups on the issue. This was after the Court of Appeal ruled in March that 377A was unenforceable but not unconstitutional, in response to a challenge mounted with reference to Article 12 of the Constitution on equality and equal protection under Singapore law. At the time, Law Minister K Shanmugam said the government was considering “the best way forward”.

Following the most recent judgment, both the Attorney-General and Shanmugam had advised that “in a future court challenge, there is a significant risk of Section 377A being struck down, on the grounds that it breaches the Equal Protection provision in the Constitution”, said PM Lee. “It would be unwise to ignore the risk, and do nothing.”

Repealing 377A “will bring the law into line with current social mores, and I hope, provide some relief to gay Singaporeans”, said PM Lee. But at the same time, “most Singaporeans do not want the repeal to trigger a drastic shift in our societal norms across the board”, he added.

The government understands these concerns and “will maintain our current family-oriented approach, and the prevailing norms and values of Singapore society”, he said. It does not intend to change the definition of marriage, nor the government policies that rely on it.

Yet this definition can be challenged on constitutional grounds in the courts, just like 377A has been, he noted. If such a challenge succeeds, it could cause same-sex marriages to become recognised in Singapore “not because Parliament passed any such law, but as the result of a court judgement”.

“I do not think that for Singapore, the courts are the right forum to decide such issues,” said PM Lee. But those seeking change “may still try to force the pace through litigation”, which is adversarial and could inflame tensions, he added. Singapore will therefore amend its Constitution to protect the definition of marriage from being challenged constitutionally in the courts.

“This will help us to repeal Section 337A in a controlled and carefully considered way,” he said. “It will limit this change to what I believe most Singaporeans will accept, which is to decriminalise sexual relations between consenting men in private.

“But it will also keep what I believe most Singaporeans still want, and that is to retain the basic family structure of marriage between a man and a woman, within which we have and raise our children.”

“What we seek is a political accommodation, one that balances different legitimate views and aspirations among Singaporeans,” said PM Lee.

Noting the rise of “culture wars” in some Western societies, and “signs of similar things starting to happen here”, he said: “Let us not go in this direction. All groups should exercise restraint, because that is the only way we can move forward as one nation together.”

Click here for the full list of stories from the National Day Rally 2022.