Reactions to PM Lee Hsien Loong's announcement of repeal of Section 377A

During his National Day Rally speech on Sunday, 21 August 2022, Prime Minister Lee Hsien Loong announced that Singapore would repeal Section 377A of the Penal Code which criminalised sex between men, confirming months of speculation about the issue which had caused much polarisation. He also said that the Constitution would be amended to protect the current definition of marriage as between one man and one woman because, although most Singaporeans did not want sex between men to be criminalised, they wanted the institution of marriage to remain heterosexual,.

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=Video reports in international media=

News of the announcement was widely reported in the international media:

BBC News, 22 August 2022:

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Reuters, 22 August 2022:

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NBC News, 22 August 2022:

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ABC News (Australia):

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WION, 22 August 2022:

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Global News, 22 August 2022:

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Thai PBS, 22 August 2022:

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Channel NewsAsia, Asst. Prof. Eugene Tan on repeal of 377A and efforts to protect the institution of marriage, 22 August 2022:

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=Reaction of LGBT groups=

Channel NewsAsia, 23 August 2022:

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=Reaction of religious groups=

Methodist Church
On Monday, 22 August 2022, the Methodist Church published a statement on its website calling on its followers to demonstrate kindness and love in the midst of ongoing discussions regarding the repeal of Section 377A. It also affirmed the Government’s call for all sides to exercise restraint and avoid extreme demands. It also addressed those who criticised the Church for commenting on issues of law.

“Like any citizen and local association, Christians and our Church have an equal right and responsibility to express our concerns on matters related to our country and social well-being,” the statement read. It was written by Reverend Nathanael Goh, the assistant pastor at Sengkang Methodist Church, and Reverend Daniel KS Koh, a pastor of Barker Road Methodist Church overseeing Oasis BRMC Mission in Bukit Batok. "We do not claim to be the sole arbiters of what is good for society," they wrote. "We do not seek to be the main actor on the national stage. We also do not deny the right of others to express their views and ideas, even when it is in opposition to what we believe."

The Church added that its comments on Section 377A were guided by the fundamental principle of serving the good of the nation, noting that there was a well-documented tradition of Christian theology that counselled the Church to direct political reasoning towards the good of the community. “Thus, the safeguards we urge are not because we want to preserve Christian morality for its own sake, but for the sake of the well-being of society.” The Church also expressed strong disagreement with “attempts to mischaracterise Christian beliefs as harmful discrimination", adding: “Furthermore, we are concerned that our right to share our convictions stemming from but which are definitely not exclusive to our Christian beliefs may be excluded on the grounds that they cross over into politics.” it added. The Chruch called on its flock to “demonstrate a community of love to the world”, saying it is their “duty to surround all persons with the love and support needed to live faithfully before the face of God”. It added that Methodist churches are open to everyone: "We will not abandon anyone to the vagaries of human experience and desire. Let us be unequivocally clear: Our Methodist churches are open to everyone."

Though it acknowledged that the repeal of Section 377A and the safeguarding of marriage were “vitally important” and “deserving of our attention and representations”, the Church said that it was not the highest priority for Methodists. “The world will not end if, or when, 377A is repealed,” it said. "Expressing our concerns about 377A is one, but not the only, expression of our love for our neighbours. When the dust on this debate settles, may it be said of Methodists in Singapore that it was not coercion but rather the conviction of the holy love of God that illuminated our response to the repeal of 377A and that in our response, we have reflected the God whose Nature and Name is love."

Islamic Religious Council of Singapore (MUIS)
On Monday, 22 August 2022, the Islamic Religious Council of Singapore (MUIS) issued religious advice to the Singapore Muslim community. In its media release, MUIS said Islamic law placed importance on human dignity, respect and peaceful relations. "These values are crucial as we navigate complex socio-religious issues today. As Muslims, we should treat everyone with full dignity and respect. Everyone, regardless of their sexual orientations, must feel safe in our society and institutions. As such, Muslims should uphold the best of character, charity and compassion, in dealing with others, even with whom we disagree," it said, adding that it rejected any form of bullying or harassment. MUIS stated that the best way to preserve the religious practices and way of life of the Muslim community in Singapore was to actively educate Muslims with values and principles. All members of the community, particularly the young, should also be engaged and empowered to navigate current issues. "We need to strike the right balance in ensuring we continue to hold on tight to our religion yet remain compassionate in our dealings towards others," it added.

Regarding those who professed the Muslim faith but faced their own struggles with privately reconciling this with their sexuality, MUIS said such individuals deserved respect and should not be condemned or vilified. The council also said that it recognised a need to develop and enhance the capabilities of religious teachers and counsellors. In particular, how the values and teachings of Islam could be "sensitively imparted" to such individuals while keeping their dignity intact and respecting their confidentiality.

MUIS welcomed efforts to strengthen the institution of marriage between male and female in Singapore. This ws in accordance with the teachings of Islam which emphasised the building of families through marriage between males and females as the basic foundation of society. Islam also forbade all other forms of sexual relationships and unions. "We have also called on the Government to consider our position as it deliberates on laws that are appropriate for Singapore in preserving and strengthening the institution of marriage," said the council. MUIS added that some individuals within the Muslim community might profess the Islamic faith but self-identify on matters of sexuality and gender in other ways. There had also been attempts to reinterpret religious texts to find a religious basis for their choices. The council noted that these developments posed a challenge to the traditional Muslim position on family, marriage, and sexuality, and that the Muslim community was concerned over the long-term impact of these developments on its religious values and practices, particularly when Islamic guidelines on sexuality were openly contested. "Differences in worldviews and values are to be expected. In Islam, we are taught not to judge or condemn individuals even though they had committed clearly harmful or wrong actions. Our role is to merely offer advice and wise counsel based on the teachings of our faith," it added.

As the religious authority, MUIS said it would continue to support all efforts to strengthen Islamic values in all religious instruction and curricula for the community. "This is undoubtedly a great test of our empathy, respect, compassion and principledness in dealing with the teachings of our faith in a complex and more open world. It requires a delicate balance and constant engagement with wisdom and compassion, so that we can co-exist peacefully amidst differences in worldviews and orientations," MUIS said. Any form of LGBTQ advocacy should respect the values that the Muslim community holds dear in practising its faith, MUIS said. "The Muslim community has the right to preserve its religious and family values especially when these are directly challenged or disputed. The public sphere must remain safe for the mainstream and faith communities to educate members of their own communities in accordance with their belief systems and values. If our religious values and beliefs are challenged openly and aggressively, this will inevitably transform the public space into one that is confrontational and divisive. We must work towards preventing any differences in orientation and worldview from turning into clashes and conflicts which will weaken our society."

Association of Muslim Professionals (AMP)
In a separate statement on Monday, 22 August 2022, the Association of Muslim Professionals (AMP) said that it was concerned about the Government’s decision to repeal Section 377A, as well as the long-term impact the repeal could have on society. The association supported the Government’s decision to protect the legal definition of marriage by amending the Constitution, and welcomed the Government's assurance to protect the family institution in Singapore. AMP also urged the Muslim community to remain calm and maintain civility when discussing this issue.

Mufti
Mufti of Singapore Dr. Nazirudin Mohd Nasir said the repeal of 377A was a very complex social issue and a “tough balancing act” for everyone, including the Government and religious groups. “But even as we hold on to different values, aspirations and orientations, I don't think we should let hate and contempt for differences to win,” he said. “It's important that, even for religious groups like the Muslim community, our religious values and teachings continue to guide us in all that we do even as the laws change, but our religious values remain the same," he added. “We hope that those who disagree with our views on homosexuality and marriage can understand why religious groups like the Muslim community will want to preserve and strengthen the institution of marriage, and we are glad that the government has given an indication to do so."

Singapore Buddhist Federation
In an amended statement on Friday, 26 August 2022, the Singapore Buddhist Federation said that it was "grateful for the proposed repeal of Section 377A of the Penal Code in tandem with meaningful edification of marital and family values we hold dear as society",,. This was updated from a previous statement, uploaded on its Facebook page the day before, which had said in Mandarin that the federation was “relieved that the institution of marriage and family will be fortified along with the proposed repeal of Section 377A of the Penal Code”. Venerable Seck Kwang Phing, president of the SBF, had earlier remarked that spelling out the definition of marriage in the Constitution would be a good move to prevent more court challenges that would cause divisions in society.



Editable text of statement
SINGAPORE BUDDHIST FEDERATION

59 Lorong 24A Geylang, Singapore 398583 • Tel: +65 6744 4635 • Fax: +65 6747 3618 • www.buddhistofg.sg

UEN S64SS0008K   Charity Registration 000727	  GST NO: M90370977R

Press Statement by the Singapore Buddhist Federation

On the Proposed Repeal of Section 377A of the Penal Code

CULTIVATING COMPASSIONATE DIALOGUE AND INCLUSION FOR A STRONGER SINGAPORE

We are grateful for the proposed repeal of Section 377A of the Penal Code in tandem with meaningful edification of marital and family values we hold dear as society. Wholesome faith and gratitude in relationship building (including fifial piety) are core to the practical practice of the Buddha’s teachings.

In recent years, increasing polarity in views has been the cause of animosity and discontent dividing advocates and opponents of this matter. Instead of a zero-sum game, healthy facilitation of pathways to grow genuine conversations and understanding of lived experiences, is key to soothing tensions that may have built over time.

Meaningful discussion calls for level-headed selfless listening and mutual respect, where peaceful acceptance of differing views can build a foundation for creative inclusion and integration of needs in society.

This matter has received considerable debate since 2007. The government has engaged in in-depth and lengthy discussions with all stakeholders, including individuals, civic organisations and reigious organisations. It is time to move forward with middle-ground dialogue, in order to prevent further polarisation and division among the citizenry.

We need an inclusive and cohesive society more than ever, to overcome the challenges of unprecedented international crises and geopolitical tension. In cultivating compassionate inclusion, we urge one and all in Singapore to work closely with our government leaders, so that we can, together, look deeply into the genuine inter-generational needs of families. We support rigorous education and resolutions formed through open communication, for the holistic well-being of all.

We need to stand in solidarity with all in compassion As we put the Buddha's teachings in practice, we understand that compassion is the fruit of integrating loving-kindness and wisdom mindfully, free from partiality, not bounded by social strata, gender or class. Compassion is aspiration in action, aspiring one and all to be free from suffering. In loving kindness to ourselves and all around us, we wish that all beings have happiness and the causes of health, fair livelihood, physical and psychological safety. May we help one another feel safe and included in the practical practice of loving kindness and compassion.

May all beings have happiness and the causes of happiness;

May all beings be free from suffering and the causes of suffering;

May all beings always in appreciative joy;

May all beings live in equanimity.

Buddhist Fellowship
On Wednesday, 24 August 2022, the non-sectarian Buddhist organisation, the Buddhist Fellowship said that the proposed repeal of Section 377A was "a milestone in building a more equal and harmonious Singapore.",



"The Buddha’s teaching of empathy and compassion for all living beings encourages us to develop understanding and care for all communities regardless of their gender, race, religion, language or sexual orientation. We followed this teaching in our 2018 statement supporting the repeal of any discriminatory law.

The repeal of 377A marks a milestone in building a more equal and harmonious Singapore.

To LGBTQ+ Singaporeans, as fellow Singaporeans, friends and family members, we extend loving kindness to you and your loved ones. We sincerely hope for a harmonious journey of peace and understanding for families in Singapore as she grows toward an ever more inclusive Singapore.

“With a boundless heart should one cherish all living beings”- Metta Sutta"

Handful of Leaves & Rainbodhi SG
A joint statement by Handful of Leaves and Rainbodhi SG addressing members of the LGBTQ community in Singapore as well as allies and friends, said it "rejoiced" over the repeal.



"Dear members of the LGBTQ+ community in Singapore, allies, and friends,

We rejoice over the repeal of Section 377A of the Penal Code. This is significant progress made towards the vision of creating an inclusive Singapore.

The Buddha taught us to be kind towards all beings and was a strong proponent of non-discrimination. After all, regardless of race, religion, gender, sexuality, abilities, etc, we share the same desire to be happy and to be free from suffering.

May we continue to focus on what we have in common despite our differences.

May we continue to cultivate the skillful qualities of compassion and be kind towards ourselves and those around us.

May we work on ourselves to be better humans.

Through these, we are hopeful that the world can be a place that is harmonious, free from animosity, and that we can all live with ease.

As your friend on this path of peace, we'd like to extend our loving-kindness to you and your loved ones.

With loving-kindness,

Rainbodhi Singapore & Handful of leaves

www.rainbodhi.org/singapore

www.handfulofleaves.life

“With a boundless heart should one cherish all living beings”- Metta Sutta"

=Reaction of civil society groups=

Centre for Interfaith Understanding
On 21 August 2022, the Centre for Interfaith Understanding (CIFU) uploaded the following statement and posters to its Facebook page:

"CIFU supports the government’s decision to repeal Section 377A, which is a step in the right direction.

As a civil society organisation promoting interfaith harmony, we advocate deeper engagement and dialogue among all Singaporeans. In particular, we urge all civil society groups, including both conservatives and liberals, to build bridges and broaden our common spaces.

We also affirm the need to share spaces and engage in meaningful dialogue with people whose views differ from our own.

We are resolute in our aim to protect the rights and dignity of minorities in our midst, as well as to provide support for the vulnerable. CIFU stands in support of all who have suffered from prejudice and discrimination.

This repeal of Section 377A is not merely about the removal of a law inconsistent with the principle of equal protection accorded in our Constitution, but also about deconstructing the barriers that impede dialogue and understanding between Singaporeans, regardless of race, language, religion, gender and sexuality.

At the same time, CIFU affirms the right to freedom of religion and/or belief, without essentialising communities to a single view, representation or identity. Freedom of religion and/or belief is a right that does not include the right to impose and coerce others, other than for reasons that conform to civil and democratic need for public health and public order as defined in our laws.

When encountering differences, we call for civil dialogues in the spirit of promoting the greater good in our diverse society."

=Online discussions=

On 29 August 2022, The Daily Ketchup Podcast uploaded the following video to its YouTube channel:

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=Print articles=
 * https://www.reuters.com/world/asia-pacific/singapore-will-decriminalise-sex-between-men-pm-2022-08-21/
 * https://www.jom.media/jom-on-s377a/
 * https://asia.nikkei.com/Politics/Singapore-declines-to-follow-Taiwan-Thailand-on-LGBT-rights
 * https://edition.cnn.com/2022/08/27/asia/singapore-gay-sex-marriage-law-conservative-intl-hnk/index.html
 * https://theindependent.sg/377a-opposition-parties-are-at-a-disadvantage/
 * https://www.afr.com/world/asia/singapore-s-slow-steps-to-rainbow-families-20220824-p5bci9
 * https://www.washingtonpost.com/world/2022/08/21/singapore-same-sex-marriage-377a-gay/
 * https://time.com/6207616/singapore-377a-repeal-same-sex-marriage-lgbt/
 * https://www.bangkokpost.com/world/2375925/muslim-scholars-urge-indonesia-to-look-the-other-way-as-singapore-vietnam-ease-anti-gay-laws

=CNA explains how law repealed and Constitution amended=

On 30 August 2022, Channel NewsAsia spoke to Assistant Professor Benjamin Ong from the Yong Pung How School of Law at the Singapore Management Universit to find out what it meant to repeal a law and amend the Constitution, what the process entailed and how long it would take.

An ordinary Act of Parliament (or part of an Act of Parliament, such as Section 377A) could be repealed by another Act of Parliament. The first parliamentary step in repealing a law was the introduction of a Bill to that effect. Bills were draft laws that became Acts of Parliament after they were passed by Parliament and assented to by the President. “Like all Acts, the repealing Act must be passed by a simple majority, that is, more than half of Members of Parliament (MPs) who are present and voting at a session of Parliament,” explained Asst. Prof. Ong, adding that this number did not need to be half the total number of MPs. “It will then be sent to the Presidential Council for Minority Rights, whose duty is to call attention to any provision that may have a discriminatory effect on racial or religious minorities.” If there was no such discriminatory effect, then the Bill would be sent to the President for his or her formal assent.

The Constitution of Singapore was the supreme law of the land. It set out the country’s political framework and also contained provisions relating to fundamental liberties, citizenship and public service. The Constitution could be amended through an Act of Parliament, but in terms of the number of votes required, the threshold for constitutional amendments was higher than that needed for the repeal of a law. “An Act to amend the Constitution must be passed by at least two-thirds of the total number of MPs, excluding NMPs (Nominated Members of Parliament),” said Ong. “Note that it’s two-thirds of the total number of MPs, excluding NMPs, not just two-thirds of the number of MPs who are present and voting at a session of Parliament.” NMPs could not vote on amendments to the Constitution. This meant that at least 63 votes from the 92 elected MPs and two Non-Constituency MPs would be required to amend the Constitution. The ruling People's Action Party (PAP) had 83 MPs.

Termination of laws or sections of the law was a regular part of the parliamentary process. “There is nothing really special about repealing laws. Enacting, amending and repealing Acts of Parliament are part and parcel of Parliament’s regular business,” said Ong. “Just last month, Parliament passed an Act that repealed certain parts of the Endangered Species (Import and Export) Act 2006 and replaced them with new provisions, so as to enhance Singapore’s law on the trade in endangered species. In May, Parliament passed an Act to repeal the Adoption of Children Act and replace it with a new, overhauled version.”

Similarly, debating and voting on constitutional amendments were part of an MP’s regular work. Ong pointed out: “The Constitution was last amended earlier this month following the creation of the Singapore Armed Forces’ Digital and Intelligence Service. The amendment was to give the President the power to veto an appointment of the Chief of the Digital and Intelligence Service, just as the President has the power to veto appointments of the Chiefs of the Air Force, Army and Navy.” Prior to that, the Constitution was amended in May 2022 to raise the fine quantum for the disqualification of MPs.

The party whip was described by the Singapore Parliament website as the disciplinarian of a political party. The whip ensured that there were sufficient party members in the chamber to support the party’s position and that MPs voted according to the party’s line. Dr Janil Puthucheary, Senior Minister of State for Health and for Communications and Information, was the current Government whip. The whip was occasionally lifted to allow MPs to vote "according to their conscience". On 22 August 2022, Deputy Prime Minister Lawrence Wong said that the PAP did not intend to lift the whip when the issue was debated in Parliament as it was a “matter of public policy”. There might be consequences for MPs who did not follow the party line when the whip was not lifted. “The party may impose consequences for MPs who fail to vote in accordance with the party line – the most serious is that they may be expelled from the party. If the PAP’s whip will not be lifted, that means that the PAP’s whip will ensure that PAP MPs vote in accordance with the party line, namely, what was announced by the Government in recent days,” said Asst. Prof. Ong. “So it is extremely unlikely that any PAP MP will, for example, vote against the repeal of Section 377A.” The whip had only been lifted in Parliament on a handful of occasions. The first time the whip was lifted was in 1969, when the House voted to legalise abortion. Since then, the whip had been lifted at least five times, including in July 2017 when Parliament debated the public dispute between the Prime Minister and his two younger siblings over their father's house at 38 Oxley Road.

=See also=
 * Section 377A of the Penal Code (Singapore)

=References=
 * https://mothership.sg/2022/08/opposition-party-react-377a/
 * https://sg.news.yahoo.com/section-377a-repeal-parents-concerns-focus-on-the-family-survey-091918727.html
 * https://www.wethecitizens.net/pap-government-to-amend-constitution-to-protect-straight-marriage/

=Acknowledgements=

This article was written by Roy Tan.