Singapore Gov't to Decriminalise Sex Between Men: 'The Right Thing to Do'

The Singaporean government will repeal Section 377A of the Penal Code, a law introduced in the 1930s by the British colonial government, which rules sex between men a criminal offence.

The announcement was made by Prime Minister Lee Hsien Loong on Sunday during his National Day Rally speech at the Institute of Technical Education (ITE) Headquarters.

Lee noted s377A has been a major issue for gay Singaporeans. In 2007, Parliament debated on whether or not to repeal it, but decided at the time to leave it in the books but not actively enforce it.

In the 2007 Penal Code review, this clause in s377A was retained by the government: "[A]ny 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."

Lee said in his speech that it would have been too divisive at the time to repeal it but acknowledges that attitudes "have shifted appreciably" 15 years later.

He added that the Minister for Law and the Attorney General also advised that s377A runs the risk of "being struck down, on the grounds that it breaches the Equal Protection provision in the Constitution."

"For these reasons, the Government will repeal s377A and decriminalise sex between men. I believe this is the right thing to do, and something that most Singaporeans will now accept. This will bring the law into line with current social mores, and I hope, provide some relief to gay Singaporeans," he said.

The prime minister, however, added that majority of Singaporeans do not want the repeal to trigger a major change in Singapore's societal norms.

Singapore will continue to maintain its "family-oriented approach" and the current norms and values of Singaporean society.

Amid the repeal of s377A, he said the government will "uphold and safeguard the institution of marriage," which is only recognized between a heterosexual couple or between a man and a woman in Singapore.

"The Government has no intention of changing the definition of marriage, nor these policies," he said.

To safeguard the definition of marriage from being challenged in the courts, he added that the government will amend the Constitution to protect it.

By doing this, the prime minister said s377A will be repealed in a "controlled and carefully considered" way that Singaporeans will accept, but also preserve what most Singaporeans desire, which is to "retain the basic family structure of marriage between a man and a woman, within which we have and raise our children."