On Thursday, Minister for Home Affairs and Law K Shanmugam introduced a law in Parliament which will repeal Section 377A which criminalises sex between men, while a constitutional amendment to protect the current definition of marriage as a union between a man and a woman was tabled by Minister for Social and Family Development Masagos Zulkifli.
The two readings of the Bills will be debated when Parliament convene on 28 November, with a simple majority required to repeal the law, and two-thirds of the MP’s support needed to amend the constitution.
The Penal Code (Amendment) Bill, which will repeal Section 377A of the Penal Code 1871, was brought up in Parliament by Shanmugam after Prime Minister Lee Hsien Loong said during this year’s National Day Rally that the government plans to repeal Section 377A as attitudes towards homosexuality have shifted appreciably.
Article 12 of Singapore’s constitution states that ‘All persons are equal before the law and entitled to the equal protection of the law… Except as expressly authorised by this Constitution.”
Following the proposed repeal of 377A, a constitutional amendment was tabled by Minister Masagos. It seeks to reaffirm the government’s position in protecting the sanctity of marriage, which many in society are accustomed to. Many of Singapore’s laws and policies are based on this definition which includes, adoption, housing, and education.
The Ministry of Home Affairs and the Ministry of Family and Social Development issued a joint statement on the proposed amendment to the constitution.
It states that “Even with the repeal of Section 377A, most Singaporeans still want to maintain the current family and social norms, where marriage is between a man and a woman, and children are brought up in such a family structure. The government supports this view, and has affirmed that it will uphold the current heterosexual definition of marriage and the family structure that arises from it.”
The government will also seek to introduce Article 156 (Institution of Marriage) into the Constitution, which will promote the institution of marriage; that include public housing policies and financial benefits for married couples, as well as education and media policies that promote and safeguard the institution of marriage.
While Article 156 (3) (a) protects laws defining marriage as a union between a man and a woman from being invalidated by Part 4 of the Constitution (Fundamental Liberties), the Bill however does not codify or enshrine the definition of marriage as between a man and a woman in the constitution.