黑料社

The future of Singapore’s gay sex law: Will we see its end?

Parade-goers at Pink Dot on Saturday at Hong Lim Park. Photo: Carolyn Teo/黑料社
Parade-goers at Pink Dot on Saturday at Hong Lim Park. Photo: Carolyn Teo/黑料社

Thousands of Singaporeans showed up in support of the LGBT community at the annual Pink Dot rally on Saturday.

For one day a year, Singapore鈥檚 Pink Dot movement throws an elaborate celebration for Pride Month with the goal of providing a safe space for members of the community to express themselves. It took place at Hong Lim Park, the only place in Singapore where political protests can legally be held.

This year, Pink Dot came back with a bang after two years of celebrating online, full of showy performances, placards featuring gripping, heartfelt messages urging change and representatives from a wide array of LGBT community groups and local sponsors.

Sometimes, hope is a dangerous thing,’

Remy Choo, lawyer under Ready4Repeal
Photo: Carolyn Teo/黑料社

For many years, one of the community鈥檚 greatest struggles has been getting Section 377a, a 1938 law that criminalized sex between men, struck off from the Penal Code. A lawyer at the forefront of this legal battle told 黑料社 the importance of getting the law repealed, and discussed what the future holds for LGBT rights in Singapore.

As a lawyer who has been involved in several legal challenges ultimately dismissed by the courts, Remy Choo said his team never gets ahead and keeps its expectations low as they continue to push for lasting change.

鈥淪ometimes, hope is a dangerous thing, so we hope for the best, but we expect the worst,鈥 the 36-year-old told 黑料社 on the sidelines of Saturday鈥檚 rally. 鈥淎 lot of us don’t dare to hope, we hoped for a very long time and we鈥檝e seen a lot of false stories.鈥

Choo has been a part of a group called Ready4Repeal since it was started in 2019 and is part of a legal team that challenged the constitutionality of Section 377A. 

The archaic law has been challenged in court at least five times since 2011. Most recently, he represented one of the three plaintiffs in a new set of challenges that started in 2019. But the court dismissed those challenges, saying that the 鈥渆ntirety鈥 of the law was 鈥渦nenforceable鈥 and hence, there was no constitutional issue to bring before the courts. 

This reasoning was based on . What this means is there is 鈥渘o problem,鈥 Choo said. Since the law is not enforced, the government does not see it as an infringement on rights.

But that raises an obvious question: Why keep pushing to get the law repealed when it isn鈥檛 enforced?

Because Section 377a is the 鈥渃ornerstone鈥 or essentially the 鈥済reen light鈥 for discrimination, Choo said. As it is officially in the law books, it sends a signal to the public that it is socially acceptable to 鈥渋nvisibilize鈥 the community.

鈥淵ou’re right, 377a is not the be-all and end-all of discrimination. But it is the signal that is sent that discrimination is officially sanctioned. And that’s a societal norm that is actually quite abnormal,鈥 Choo said.

It makes 鈥榥o sense鈥

Photo: Pink Dot SG

While Singapore is practically bursting with pride for racial diversity, LGBT representation is actively discouraged and erased.

This censorship is the reason positive representations of the LGBT community are largely absent in mainstream media (including Disney cartoons), and why many continue to face discrimination in areas ranging from housing to schools

But Choo feels that despite years of rejection in court, the battle to repeal 377a has brought 鈥済rowing acceptance鈥 for the LGBT community because many realize that such laws 鈥渘o longer make sense.鈥

鈥淵ou can’t say, ‘I’m going to officially sanction discrimination,’ and also say with a straight face, ‘I treat every Singaporean equally.’ That makes no sense,鈥 he said.

For the first time in Pink Dot鈥檚 history, the yearly invitations by organizers to government representatives were answered, with Kebun Baru SMC MP Henry Kwek of the ruling People鈥檚 Action Party and Sengkang GRC MP Jamus Lim of the opposition Workers’ Party showing up at Saturday鈥檚 rally.

In another hopeful sign that the government鈥檚 stance may be softening, Law and Home Affairs Minister K Shanmugam told parliament in March that the government would consider the 鈥渂est way forward鈥 on the gay sex law and 鈥渞espect鈥 and 鈥渃onsider鈥 different viewpoints. 

But for some, that hope was dimmed by a nationwide LGBT survey, launched by the government shortly after Shanmugam鈥檚 statement, that was criticized for containing leading questions. The survey鈥檚 website went offline after receiving an 鈥渙verwhelming response鈥 and was never seen again.

A more optimistic survey result came from a recent poll conducted by market research firm Ipsos, which found that 44% of Singaporeans say they support the law, down from 55% in 2018.

What鈥檚 next?

Photo: Carolyn Teo/黑料社

If everything goes well and the law finally gets repealed, what happens next? There鈥檚 still 鈥渁 lot of work to be done鈥 since discrimination will not go away that easily if the law is struck off, according to Choo. 

鈥淭here鈥檚 discrimination that we need to fight against, and educate the public about in the media. There are a lot of laws and regulations that prevent the public from seeing the community as equal,鈥 he said.

A by journalist Kirsten Han showed that many respondents were worried that if 377a gets repealed, the government will implement other measures to try to 鈥渁ppease the conservatives,鈥 leading to more legislation that could ultimately do more damage to the LGBT community.

Choo said he believes the government will be consistent in its decisions, and if they take one step forward and two steps back, they will eventually be called out. 

鈥淭his is a government that has always taken pride in being pragmatic and in being consistent. If it takes a particular position in respect of 377a, there are other steps that it should eventually take that follow up as a natural consequence of the repeal,鈥 he said.

Will the battle to repeal 377a eventually be won, maybe in the next five to 10 years? Choo says this is 鈥渞ealistic.鈥 

But even when that happy day comes, the battle for equality in Singapore will no doubt still be far from over.

Photo: Carolyn Teo/黑料社

Photo: Carolyn Teo/黑料社

Other stories you should check out:
Euro furniture shop brings antiques and treats to Farrer Park

Singapore hospital says service could be 鈥榠mproved鈥 after patient starved 12 hours

Heng Swee Keat spends Father鈥檚 Day with COVID-19 in Berlin