Why Singapore may be edging closer to scrapping Section 377A criminalising gay sex – and what would happen if it did

Surveys, and a minister’s comments, show growing support for abolishing the city state’s colonial-era law that makes sex between men illegal

But repealing it would mean tightening other policies to appease conservative groups who worry about LGBT lifestyles being ‘normalised’

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The words ‘Repeal 377A’ referencing a law that criminalises gay sex in Singapore are seen at the 2019 Pink Dot event in Hong Lim Park. Photo: EPA-EFE

Published: 8:30am, 18 Jun 2022Updated: 12:42pm, 18 Jun 2022

Singapore has always maintained that LGBT people are valuable members of society who face no discrimination at school or work, even telling the United Nations Human Rights Council that they get to enjoy the island city’s many gay bars and attend an annual rally.

So when Law and Home Affairs Minister K. Shanmugam told parliament in March about the painful discrimination LGBT people face, it gave activists hope that a fresh chapter may be opening for gay rights in the city state – specifically, the striking down of an archaic law inherited from British colonialists that makes sex between men illegal.

While talking about the latest constitutional challenge to Section 377A of the Penal Code, Shanmugam said: “One of the things that upsets the LGBTQ+ community is that many feel that their experience of being hurt or rejected by their families, friends, schools and companies is not recognised, indeed, often denied.”

Law and Home Affairs Minister K. Shanmugam said in March that many LGBT people in Singapore felt their negative experiences weren’t being recognised. Photo: AFP

Since parliament last discussed repealing Section 377A in 2007 “social attitudes towards homosexuality have gradually shifted”, he said, adding that policies and legislation “need to evolve to keep abreast of such changes in views”. The government was “considering the best way forward” and would talk to various groups, he said. The current status quo was to keep the law but not enforce it.

Jean Chong, co-founder of LGBT rights group Sayoni, said: “I don’t think I’ve heard any minister ever say that before. I thought that was such a strong indication that they know the issues, they understand what is at stake, and they are expressing that they recognise that the law is bad and something needs to be done or else we will just keep going to court.”