Explainer: What Singapore’s Historic 377A Repeal Means for the LGBTQ+ Community

In a historic announcement on Aug. 21, Prime Minister Lee Hsien Loong said the largely conservative city-state will repeal Section 377A of the Penal Code, which rules sex between men a sexual offence. Effectively decriminalising homosexual intercourse between men, the government’s landmark decision is seen as a step towards equality amid mixed reactions from locals and global watchers. In this article, we’ll examine how the 377A repeal might affect the LGBTQ+ community and change the traditional norms of Singapore.

What is Section 377A?

Section 377A is a penal law criminalising sex between men, introduced by the British colonial government in the 1930s. Under this law, offenders—gay men—are faced with up to two years of jail time. Following a debate on the decriminalisation of gay sex in 2007, the government has not actively enforced the law. There have been no convictions for intercourse between consenting adult males for decades, and the law has no mention of sex between women or other genders.

With a largely religious society and “family-oriented” values, Singapore remains a conservative society that lags peers in terms of progressive ideologies. Hence, the decriminalisation of gay sex is seen as both a symbolic and material move that would bring the city-state closer to fully embracing gay rights.

A Step Closer to Same-Sex Marriage?

However, Prime Minister Lee clarified that this move does not pave the way for the legalisation of same-sex marriage, a controversial and contentious topic among many Asian countries. “We believe that marriage should be between a man and a woman, that children should be raised within such families, that the traditional family should form the basic building block of society,” he said. The government is now looking to prevent any constitutional challenge to the official definition of marriage by implementing it into supreme law. One of Lee’s nephews is a member of the LGBTQ+ community. Li Huanwu, son of his estranged brother Lee Hsien Yang, married his veterinarian partner, Heng Yirui, in South Africa in 2019.

Some industry experts say the move will further reinforce Singapore’s status as an Asian financial hub as it further opens its economy to companies that actively support LGBTQ+ causes, while attracting top talents regardless of their gender orientation.

Singapore’s hallmark decision is the latest pro-LGBTQ+ move in Asia. India also repealed a colonial-era law banning gay sex in 2018, while Thailand endorsed a Civil Partnership Bill this year, a step closer to granting equal privileges to same-sex couples. In Taiwan, meanwhile, same-sex marriage has been legal since May 2019. But the region remains largely behind global peers in adopting progressive ideas. Singapore’s neighbour, Malaysia, still criminalises sex between males. It jailed its ex-deputy premier Datuk Seri Anwar Ibrahim for sodomy.

Activists React to 377A Repeal; Others Show Support

The 377A repeal received mixed reactions from LGBTQ+ advocates here and abroad, as well as conservative groups. NGO worker and social activist Roy Ngerng said the government repealed section 377A “not out of genuine human rights concerns for the LGBTQ community” but “to prevent same-sex marriage from becoming law in Singapore.” Along with the scrapping of 377A, Singapore is also planning to amend the constitution to protect the definition of marriage, a move seen to tame polarising views on same-sex marriage.

Activists highlighted the swift politic move behind the revocation. Minister of Law K. Shanmugam explained that the Court was in a delicate position as it could rule 377A unconstitutional for breaching Article 12 of the Constitution, which includes a provision that “all persons are equal before the law and entitled to the equal protection of the law.”

The Court decided not to rule on whether the law breached Article 12 but signaled that s377A could potentially be ruled unconstitutional in the future. This ruling would be highly risky for the government as it would open a larger debate on several other laws with similar differentiation against the LGBTQ+, such as the current definition of marriage, adoption, public housing, and school curriculum, among others.

Meanwhile, other members of the LGBTQ community welcomed the decision and expressed their relief: "For everyone who has experienced the kinds of bullying, rejection and harassment enabled by this law, repeal finally enables us to begin the process of healing. For those that long for a more equal and inclusive Singapore, repeal signifies that change is indeed possible," they declared in a joint statement as reported by Reuters on Aug. 22. Many local celebrities also rejoiced on the heels of the announcement and took to social media to express their support. Some of the trending topics on Twitter amid the announcement were #repeal377a, #s377arepealed, #NDR2022, and #lovewins.

It is still unknown when exactly the repeal would take effect. But while the move appears to benefit the gay community at the onset, activists warn that more challenges lie ahead.