Singapore will not prosecute ‘people engaging in gay sex’

Singapore Home Affairs Minister K Shanmugam. (Screen capture via CNA YouTube)

A Singapore government minister last week said his country will not prosecute anyone under a colonial-era law that criminalizes consensual same-sex sexual relations.

“People engaging in gay sex will not be prosecuted, even though there is this old piece of law which makes gay sex among males an offense,” said Home Affairs Minister K Shanmugam on June 29 during an interview on BBC’s “HARDtalk” program. “The attorney general has confirmed that position and the Supreme Court has said that the government’s position is legal for us.”

Singapore is among the dozens of countries in which consensual same-sex sexual relations remain criminalized.

The country’s Court of Appeal in February upheld a lower court decision that dismissed three lawsuits against Section 377A of Singapore’s penal code. Shanmugam acknowledged a “significant proportion of our population — the middle ground as it were — don’t want that law repealed.”

“Attitudes are shifting somewhat, but still Singapore government can’t ignore those views, so we have arrived at this sort of messy compromise the last 15 years and we have taken this path because these issues are difficult,” he said. “They are not easily settled and we have made clear that LGBTQ+ individuals are entitled to live peacefully without being attacked or threatened.

“This is a compromise that we have arrived at because of where our society is and if you believe in a democracy you’ve got to take into account where your main ground is,” added Shanmugam.

Shanmugam spoke with the BBC less than a week after the U.S. Supreme Court overturned Roe v. Wade. Shanmugam during the interview specifically referenced Justice Clarence Thomas and his assertion the U.S. Supreme Court should reconsider its rulings in the Obergefell and Lawrence cases that extended marriage equality to same-sex couples and the right to private, consensual sex.

“Our approach: Deal with these issues in Parliament,” said Shanmugam. “I’ve said earlier this year that we are relooking at our laws and our laws have to change and keep pace with the times and the Singaporean way we are engaging in a wide set of consultations to try and arrive at some set of landing.”

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