Religious groups support Government’s move to protect definition of marriage in Constitution as it repeals 377A

SINGAPORE: Religious groups have expressed support for the Government’s decision to amend the Constitution to protect the definition of marriage - as that between a man and a woman - from being challenged in the courts, as Singapore looks to repeal Section 377A of the Penal Code.

In his National Day Rally speech on Sunday (Aug 21), Prime Minister Lee Hsien Loong announced that the Government will repeal Section 377A, a law criminalising sex between men, which was originally introduced in the 1930s by the British colonial government.

"I believe this is the right thing to do, and something that most Singaporeans will now accept," he said. "This will bring the law into line with current social mores, and I hope, provide some relief to gay Singaporeans."

Even as it repeals 377A, Mr Lee stressed that the Government will protect the definition of marriage from being challenged constitutionally in the courts. Amending the Constitution will help authorities repeal 377A in a "controlled, carefully considered way", he added.

The Government also has no intention of changing national policies that rely on the definition of marriage.

PROTECTING MARRIAGE

In a statement on Sunday, the National Council of Churches Singapore (NCCS) said it appreciates the Government’s assurance that, in repealing Section 377A, it will uphold and safeguard the institution of marriage.

While the NCCS said it did not see the need to repeal the law, it noted the Government's decision to do so due to a “significant risk” of the law being struck down on the grounds that it breaches the Equal Protection provision in the Constitution.

"We hence acquiesce in the Government’s decision to repeal s377A," it added.

However, the council appealed to the Government to directly express a definition of marriage in the Constitution and declare that only such marriages will be recognised in Singapore.

“In our view, this move achieves a more robust safeguard than the alternative of including a constitutional provision that references the relevant provisions of the Women’s Charter or Interpretation Act and shields them from constitutional challenge,” the statement said.

Meanwhile, the Roman Catholic Archdiocese of Singapore said it is necessary to enshrine and define marriage as between a man and a woman in the Constitution, before 377A is removed.

“Otherwise, we will be taking a slippery road of no return, weakening the fabric of a strong society which is founded on the bedrock of holistic families and marriages," it added.

It said it does not seek to criminalise the lesbian, gay, bisexual, transgender and queer (LGBTQ) community.

“However, we seek protection of the family and marriage according to natural law; and our rights to teach and practise them unhindered,” the statement said.

“We must not allow reverse discrimination to take place against those who believe in marriage as defined between a man and a woman.”

Speaking to CNA on Sunday, Mufti of Singapore Nazirudin Mohd Nasir said the repeal of 377A is 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."

Chairman of the Sikh Advisory Board Malminderjit Singh said that the consensus of Sikh leaders is that marriage under the Sikh code of conduct should be between a man and a woman.

"At the same time, other important Sikh values include the values of love, compassion, equality and inclusiveness," he said, according to TODAY.

He called the repeal a pragmatic move and one that strikes a fine balance.

Venerable Seck Kwang Phing, president of the Singapore Buddhist Federation, said that spelling out the definition of marriage in the Constitution would be a good move to prevent more court challenges that will cause divisions in society.

“I think Singaporeans are assured and prepared to be more inclusive; to respect, to accept the differences so they can show their compassion to others,” he added, TODAY also reported.

The Hindu Advisory Board also voiced support for the Government’s decision to protect the definition of marriage as one between man and woman.

“We believe that the institution of marriage should be between a man and a woman and that position should be protected,” said the board's chairman Rajan Krishnan.

“Any move to formalise, strengthen and protect this definition of a marriage i.e. between a man and a woman, is thus welcome.”

As for repealing 377A, the board said it agrees with the Government’s decision to do so, as the behaviour of individuals in private, “is within their own right, as long as it is with willing and mutually agreeable partners and not under force or duress”.

In a statement, the Methodist Church in Singapore said: "It is encouraging to know that marriages will still be between a man and a woman and we are reassured that this will never change for the sake of future generations." 

The church added that it trusts the Government's decision to repeal 377A "was not taken lightly"; and also called for unity and constructive dialogue.

"As we transition, we will continue to engage, represent, and advise the authorities and parties involved so that we can emerge a better society devoid of harboured hatred and mutual misunderstandings." 

DISAPPOINTMENT OVER REPEAL OF 377A

Although the Alliance of Pentecostal & Charismatic Churches of Singapore (APCCS) welcomed the Government’s move to amend the Constitution, it expressed disappointment over the decision to repeal Section 377A.

In a statement on its website, APCCS, which represents more than 80 local churches, reiterated calls for the Government to carefully consider the “extensive downstream” impact on policies relating to marriage, families, education and housing.

Should the matter be put to a parliamentary vote, the alliance said the party whip should be lifted as part of due democratic process in multi-religious Singapore.

This is so that Members of Parliament will be able to represent the voice of all people, including the religious, and vote according to the feedback they have received from the ground, it said.

“The repeal is an extremely regrettable decision which will have a profound impact on the culture that our children and future generations of Singaporeans will live in," said APCCS chairman Yang Tuck Yoong.

"However, we also recognise that the government seeks to bring about a balance among many differing viewpoints on this matter."

The Assemblies of God (AG) Singapore, which has 48 churches, said it is disappointed with the decision to repeal Section 377A.

"The repeal of 377A is only the tip of the iceberg. There are known generational repercussions and long-lasting impact of this alternative lifestyle that now threatens our nation’s social fabric," said Reverend Dominic Yeo.

Additional reporting by Jalelah Abu Baker