Gay sex is now legal in Singapore
Pink Dot is an annual event organized by Pink Dot SG in support of the Singaporean LGBTQ+ community. (Photo: Reuters)
In his National Day Rally speech on August 21, Singaporean Prime Minister Lee Hsien Loong announced that the government will be repealing Section 377A of the Penal Code, which criminalizes sex between men with a punishment of imprisonment of up to two years.
“Singaporeans still have differing views on whether homosexuality is right or wrong but most people accept a person's sexual orientation and behavior is a private and personal matter, and that sex between men should not be criminal offence,” said Lee.
Section 377A has been around since Singapore was a British colony, and retained after independence in 1965. The Singaporean Parliament last debated on Section 377A in 2007 when it decided that the law would go unenforced in its entirety. There have not been any known convictions for years.
While the repeal is a welcome move for LGBTQ+ advocates in Singapore, the government promises to reinforce marriage as a union between a man and woman. The leadership plans to make amendments to the constitution to make it harder to contest that definition. This will be a hindrance to legalizing same-sex marriage in the country.
One step forward, three steps back
Despite Singapore being a highly developed economy, it remains heavily conservative in socio-cultural dynamic. Concern around the repeal is on the potential of this affecting families and the future of Singaporean children.
“Even many Singaporeans who support repeal want to maintain our current family and social norms,” Lee added.
Earlier this year, Singapore passed a law that would prohibit same-sex couples from adopting children. There are also no existing anti-discrimination laws in Singapore but proposals have been put forward.
Asia is a region with complicated LGBTQ+ legislation and culture. Progressive moves are often outweighed by massively conservative laws.
LGBTQ+ communities in the Middle East face massive threats of discrimination, violence, and even prosecution as queer culture remains troubled in the region.
In China, homosexuality has no longer been considered a mental disorder since 2001, but censorship of any form of queerness is heavy. Vietnam’s Ministry of Health declared in early August that homosexuality is not a disease and that conversion therapy would be outlawed. These speak volumes about how there is still a prevailing mentality that LGBTQ+ people need to be cured.
This is in direct contrast to Taiwan, which became the first Asian country to legalize same-sex marriage in 2019. However, Taiwanese nationals are not allowed to marry with people from countries where it’s not legal.
Thailand is also considered a haven for LGBTQ+ people despite strong religious influence. The country, which has been boosting their boys-love industry as soft power, currently does not allow same-sex marriage but saw major plans to change this in July. If passed, Thailand will be the first Southeast Asian country to recognize same-sex unions.
God save the queers
The Philippines is “tolerant” of queer folk. Familiar LGBTQ+ faces in the entertainment industry include Vice Ganda, Jake Zyrus, and Boy Abunda. 2020 saw a boom in local boys-love productions such as “Gameboys” and “Gaya Sa Pelikula” but the genre is still in its infancy compared to its Thai counterparts.
On August 17, “Drag Race Philippines” premiered on Discovery+ and HBO GO, delighting fans of the popular American show “RuPaul’s Drag Race." It’s the first international franchise to have two trans women on the judging panel.
Despite all these signs pointing to a vibrant queer culture, our laws don’t say the same.
Unlike Singapore, private intercourse between people of the same sex is not illegal here. And yet, same-sex marriage is a widely debated topic between religious conservatives and progressives. While more people seem open to civil unions for the LGBTQ+, the current Family Code only recognizes marriage as that between a man and a woman.
There’s also the fact that many people, including our politicians, seem to count queerness as campaign selling points or a sexual joke to crack out when convenient.
The country has yet to pass a national law that penalizes discrimination on the basis of sexual orientation and gender identity or expression (SOGIE). In place of a national SOGIE bill, local government units have passed anti-discrimination ordinances. It remains unclear if the SOGIE Bill, championed in the Senate by Risa Hontiveros, is among sitting president Ferdinand Marcos Jr.’s priorities for the country.
Queer people are on our screens, hosting our parties, and making us laugh but the legal protections for them are nowhere to be found. So we ask: What now?
