Singapore’s parliament decriminalized sex between men on Tuesday, but also amended the constitution in a blow to the LGBT community to avoid legal battles that have led to legalization of same-sex marriage in other countries.
The moves come as other parts of Asia, including Taiwan, Thailand and India, recognize more rights for the lesbian, gay, bisexual and transgender (LGBT) community.
Activists welcomed the repeal, but said the constitutional amendment was disappointing because it meant citizens could not mount legal challenges on matters such as the definition of marriage, family and related policies, which were decided only by the executive and legislative branches. .
The government has defended the constitutional change, saying decisions on such matters should not be driven by the courts. Prime Minister Lee Hsien Loong and his successor have ruled out any changes to the current legal definition that marriage is between a man and a woman.
“We are trying to maintain a balance … to maintain a stable society with traditional heterosexual family values, but where homosexuals have space to live their lives and contribute to society,” Home Affairs Minister K. Shanmugam told parliament this week.
Both the repeal and the amendment to the constitution were passed by an overwhelming majority in parliament thanks to the dominance of the ruling People’s Action Party. The timetable for the entry into force of the new laws is not yet known.
However, the changes leave room for the future Parliament to expand the definition of marriage to include same-sex relationships.
Bryan Choong, chairman of LGBTQ advocacy group Oogachaga, said it was a historic moment for activists who have been fighting for 15 years to repeal the law known as Section 377A. But he added that LGBT couples and families also have the right to be recognized and protected.
In Singapore, attitudes towards LGBT issues have shifted towards a more liberal stance in recent years, particularly among young people, although conservative attitudes remain among religious groups. About 42% of 18-25 year olds agreed with same-sex marriage in 2018, up from 17% just five years earlier, according to a survey by the Institute for Policy Research.
