RETAINING 377A – a colonial-era law criminalising sex between men – makes Singapore look anachronistic as a modern financial hub, and has made it hard to convince LGBTQ talent to stay and contribute, Workers’ Party Member of Parliament (MP) Louis Chua said on Tuesday (Nov 29).

“Many banks see that being open about being who you are can make for a more productive workforce,” said Chua, who works in the finance sector.

Businesses have benefited from introducing diversity policies, he added: “All these have clear, measurable impact, and should equally apply to our country and economy too, where we place a very strong emphasis on developing everyone’s potential.”

Chua was among 13 MPs who spoke on the second day of the joint debate on repealing 377A and amending the Constitution to protect the definition of marriage from legal challenges.

The Bill to repeal 377A was passed that same day, with 93 MPs voting yes, and three no: WP MPs Gerald Giam and Dennis Tan, as well as Nominated MP (NMP) Hoon Hian Teck. The constitutional amendment Bill was passed with 85 voting yes; Progress Singapore Party Non-Constituency MPs Hazel Poa and Leong Mun Wai both voting no; and WP MPs Sylvia Lim and He Ting Ru abstaining.

People’s Action Party (PAP) MPs were obliged to vote along party lines. But the Workers’ Party (WP) lifted the whip, allowing its MPs to vote freely – a stance which Law and Home Affairs Minister K Shanmugam criticised.

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“To say the party has no position allows the WP MPs to make speeches supporting all sides without having to make a decision and be held responsible for that decision,” said Shanmugam.

Sengkang MP Chua was one of six WP MPs supporting the repeal. 377A’s existence has caused some LGBTQ individuals to fear for their work prospects and worry that they might be denied promotions, he said.

He cited a YouGov-LinkedIn survey where 49 per cent of LGBTQ professionals said they would not work at a company that lacks LGBTQ family-friendly benefits.

He also referred to a Deloitte survey which found that over 70 per cent of LGBTQ employees were more inclined to stay with employers due to their approach to inclusiveness.

The repeal of 377A “merely puts Singapore more in line with other cosmopolitan, open and inclusive societies”, said Chua, noting that other Asian economies have already repealed similar laws.

Fellow Sengkang MP He asked for empathy towards the struggles faced by LGBTQ people, while NMP Tan Yia Swam spoke on the importance of “safe havens” where young LGBTQ people can explore their identities safely.

But PAP MP Derrick Goh raised concerns that the repeal would usher in “stronger public advocacy of gay relationships” and that some multinational companies may offer the same family benefits to partnered gay employees as to married staff.

To this, Minister for Social and Family Development Masagos Zulkifli said the government does not usually interfere in how businesses operate and that businesses can choose who they wish to serve – though they “cannot cross the line into advocacy on issues in Singapore that are socially divisive”.

Employees should not feel compelled to support or participate in activities that do not align with their beliefs, he added, responding to concerns raised the previous day.

Others, like NMP Janet Ang and West Coast MP Rachel Ong, stressed that individuals should not be attacked for their views, and that bullying and “cancel culture” must not take root in society.

In response, Shanmugam reiterated the possibility of a law “to deal with the harm caused by cancel culture”, adding that the government is studying the matter.