Timeline: Repealing Section 377A and amending the Constitution to protect the definition of marriage

SINGAPORE: Members of Parliament (MPs) passed legislation on Tuesday (Nov 29) repealing a law that criminalised sex between men and amending the Constitution to protect the definition of marriage from legal challenges.

Section 377A of the Penal Code is a colonial-era law that penalised sex between men, while marriage is defined under Section 12 of the Women’s Charter as being between a man and a woman.

The two Bills were tabled in Parliament in October, after Prime Minister Lee Hsien Loong announced in his National Day Rally speech in August that the Government would do so.

Here is a look back at the key events around Section 377A:

1938

The law was introduced in Singapore’s Penal Code in 1938, when the country was under British rule.

2007

In 2007, then Nominated Member of Parliament (NMP) Siew Kum Hong filed a petition calling for the repeal of Section 377A, on the basis that it contravened the constitutional guarantee of equality and equal protection for all.

Parliament voted to retain the law. Mr Lee said in Parliament then that the law will not be proactively enforced.

2010

In September 2010, Mr Tan Eng Hong filed a challenge seeking to declare Section 377A unconstitutional.

This came after he was charged under Section 377A, for having oral sex with another man at a public toilet in CityLink Mall in March 2010. 

In December 2010, Mr Tan's challenge was struck out by the assistant registrar on the grounds that it was, among other things, an abuse of court process.

Mr Tan appealed to the High Court but the judge dismissed it on the grounds that there was no real controversy to be decided, as he had already pleaded guilty and was convicted of a different charge.

He took his case to the Court of Appeal, which ruled that Mr Tan’s case should be heard again in the High Court. 

Feb 14, 2013

A High Court reserved judgment after graphic designers Gary Lim Meng Suang and Kenneth Chee Mun-Leon challenged that Section 377A was unconstitutional, the second legal action after Mr Tan’s case.

The two men, who had been a couple for 15 years, contended that the statute discriminates on the basis of sexual orientation, which makes it a violation of Article 12 of the Constitution.

Apr 9, 2013

Mr Lim and Mr Chee’s legal challenge against Section 377A was dismissed by the High Court. 

October 2013

On Oct 2, 2013, Justice Loh dismissed another challenge against Section 377A mounted by Mr Tan. 

In that same month, the Court of Appeal allowed two challenges against Section 377A to be heard together. The cases were mounted by Mr Tan, as well as Mr Lim and Mr Chee. 

Jul 14, 2014

A lawyer representing Mr Lim and Mr Chee, argued in the Court of Appeal that Section 377A should be modified so that it does not apply to consenting adults and sexual acts done in private. 

The lawyer said her clients were not seeking to change the constitution, but only to enforce it. 

The Court of Appeal also heard a parallel appeal by Mr Tan. The couple and Mr Tan contended that Section 377A was unconstitutional as it breaches laws that protect life and personal liberty, as well as against unlawful discrimination.

October 2014

On Oct 29, 2014, the Court of Appeal dismissed both appeals by Mr Tan and the couple. The judges found that Section 377A did not infringe on the rights of the three men. 

A day after the ruling, 14 community groups representing the lesbian, gay, bisexual and transgender (LGBT) community issued a joint statement saying that they were “greatly shocked” and disappointed with the decision. 

Jul 21, 2018

The LGBT rally Pink Dot celebrated its 10th edition on Jul 21, 2018.

September 2018

On Sep 7, 2018, Law and Home Affairs Minister K Shanmugam said laws will have to keep pace with changes in societal views, and that it was up to Singapore’s society to decide which direction it wants to take when it comes to legislation on gay sex. 

In the same month, 43-year-old disc jockey Johnson Ong Ming filed a court challenge against Section 377A. He argued that the law is inconsistent with three articles in the Constitution concerning the liberty of a person and equal protection. 

Later in September, human rights group MARUAH and veteran diplomat Professor Tommy Koh called for the repeal of Section 377A. 

Members of the Ready4Repeal movement said in a private town hall discussion that same month that the question was not if but when the law will be repealed. 

Apr 4, 2019

Workers’ Party (WP) chief Pritam Singh said in a speech that the party would not call for a repeal of Section 377A as there is “no consensus” over it within WP’s leadership. 

Jun 29, 2019

Pink Dot held its 11th edition, with its traditional light-up spelling out a call for the repeal of Section 377A. 

Earlier that week, Prime Minister Lee Hsien Loong said at the Smart National Summit that Section 377A will be around for “some time”. 

"You know our rules in Singapore. Whatever your sexual orientation, you are welcome to come and work in Singapore. But this has not inhibited people from living, and has not stopped Pink Dot from having a gathering every year," he said.

Sep 21, 2019

A 61-year-old LGBT rights activist mounted a legal challenge to Section 377A on Sep 21, 2019. 

Dr Roy Tan, a retired general practitioner, filed the application in the High Court. He contended that the provision is discriminatory and should be declared void by the court. 

Dr Tan’s challenge against the colonial-era law was the third such challenge by a Singaporean. The previous two were Mr Ong’s challenge in September 2018 and the non-profit organisation Oogachaga’s former executive director Mr Bryan Choong in November. 

Oct 14, 2019 

Former Chief Justice Chan Sek Keong called for a review of Section 377A.

November 2019

The High Court on Nov 13, 2019, heard three challenges to Section 377A - mounted by Mr Ong, Dr Tan and Mr Choong. 

March 2020

On Mar 16, 2020, Pink Dot organisers announced that the event would not take place in Hong Lim Park due to the COVID-19 outbreak. 

This was the first time that the rally did not take place physically at Hong Lim Park. 

Later that month, the High Court dismissed all three challenges against Section 377A. The three men appealed against the High Court’s decision.

Jun 27, 2020

The 12th edition of Pink Dot was streamed live on its website on Jun 27, 2020. Its organisers also called on people to light up their homes to support the LGBT community. 

January 2021

The Court of Appeal heard the appeals of the three men who challenged Section 377A.

Mar 1, 2021

Mr Shanmugam said in Parliament that everyone in Singapore will be protected regardless of community and social, religious or sexual "beliefs". 

Responding to questions by Workers’ Party chief Pritam Singh, Mr Shanmugam said: “Regardless of which community, what your social, religious or sexual beliefs are, everyone will be protected here and I have said so categorically.

“LGBTQ persons, non-LGBTQ persons, we are all equal. We are not any lesser by reason of our sexual preferences.” 

Jun 12, 2021

The 13th edition of Pink Dot was held online due to COVID-19 restrictions. Under the safe management measures then, large physical gatherings were not allowed. 

Feb 28, 2022

The Court of Appeal upheld a High Court decision to dismiss challenges to Section 377A mounted by Mr Ong, Dr Tan and Mr Choong. 

Mar 3, 2022

Speaking in Parliament on Mar 3, Mr Shanmugam said the Government was considering the “best way forward” on Section 377A, and in doing so would respect different viewpoints and consider them carefully. 

He added that policies need to evolve to keep abreast of such changes in views, and legislation needs to evolve to support the updated policies. 

Mr Shanmugam said that the heterosexual stable family remains a social norm and that the current legal position reflects Singapore society’s norms, values and attitudes, which was what the courts have said. 

June 2022

Pink Dot returned to Hong Lim Park on Jun 18 for the first time since the COVID-19 pandemic started. 

In a BBC interview later that month, Mr Shanmugam said attitudes towards Section 377A were shifting, but the Government cannot ignore the views of a “significant proportion” of the population who do not want the law repealed. 

He stressed that although the law makes gay sex an offence, the position in Singapore is that people engaging in it will not be prosecuted. 

Jul 30, 2022

Mr Shanmugam said the Government was looking at how it can safeguard the current legal position on marriage against challenges in courts, while it considered the next steps for Section 377A.

He said authorities have held extensive discussions with different religious leaders, grassroots leaders, Singaporeans from all walks of life, as well as representatives of the LGBT groups. 

Mr Shanmugam said many agree that gay sex should not be criminalised, and at the same time, most do not want any decriminalisation to cause other major changes. 

In particular, most people want the current position on marriage – which is defined by law as between a man and a woman – to be retained, he said. 

Aug 1, 2022

Oogachaga’s executive director Mr Leow said should Section 377A be repealed, the LGBT community’s immediate priorities will unlikely be to seek same-sex marriage or to redefine families. 

For Oogachaga and others in the local community, there are “no immediate plans” to mount legal challenges to redefine marriage as it presently stands in the Women's Charter, Mr Leow said.

Aug 21, 2022

In his National Day Rally speech, Mr Lee said Singapore will repeal Section 377A. His announcement came 15 years after Parliament last debated the law in 2007. 

Mr Lee said there is a “significant risk” of the law being struck down in a future court challenge, on the grounds that it breaches the equal protection provision in the Constitution. 

Besides repealing Section 377A, the Consitution will also be amended to protect the definition of marriage from being challenged constitutionally in the courts. 

“Many national policies rely upon this definition of marriage, including public housing, education, adoption rules, advertising standards, film classification. The Government has no intention of changing the definition of marriage, nor these policies,” said Mr Lee. 

The Workers' Party said after the National Day Rally that the party recognises the fundamental right of people to live free from fear and discrimination and to be treated equally under the law. 

Aug 22, 2022

In an interview with CNA, Deputy Prime Minister and Finance Minister Lawrence Wong said the issue of whether to repeal Section 377A does not meet the "very high" bar for a nationwide referendum. 

In the same interview, Minister for Culture, Community and Youth Edwin Tong, who is also Second Minister for Law, said the current legal position on Section 377A is a "very untidy compromise", with the law being vulnerable to legal challenges. 

This means that it was “not possible” for the Government to “keep to (the) status quo for much longer”, said Mr Tong.  

The Education Ministry said that education policies and school curriculums will remain anchored on prevailing family values and social norms. 

The Ministry of Communications and Information said that LGBT media content will continue to warrant higher age ratings.

September 2022

On Sep 1, Mr Shanmugam said the risks of a legal challenge to the definition of marriage in Singapore have been "starkly illustrated" by a Supreme Court decision in India to recognise different types of families. 

Mr Shanmugam said that the courts in Singapore have avoided making such rulings, leaving them instead to Parliament.

Speaking at a conference on Sep 7, Mr Wong said the repeal of Section 377A was "not a done deal" because it had to be discussed in Parliament first, and noted the "very strong" views on both sides. 

Later in September, panellists at a discussion co-hosted by the Singapore Academy of Law and the Law Society of Singapore also said if Section 377A is not repealed, the risk of a successful legal challenge could have been a real one. 

Oct 20, 2022

Bills to repeal Section 377A and to amend the Constitution to protect the definition of marriage were both tabled in Parliament for their first readings. 

Mr Shanmugam tabled the Penal Code (Amendment) Bill to repeal the colonial-era law, while Minister for Social and Family Development Masagos Zulkifli introduced the Constitution of the Republic of Singapore (Amendment No. 3) Bill to amend the Constitution. 

In a joint statement, MSF and MHA said the Government had consulted stakeholders extensively before making the decision to repeal Section 377A. 

“From the national point of view, private sexual behaviour between consenting adults does not raise any law-and-order issues,” said the statement.#

Nov 28, 2022

MPs debated both Bills to repeal Section 377A and amend the Constitution to protect the definition of marriage from legal challenges.

The debate started with Minister of Social and Family Development Masagos Zulkifli laying out the reasons for the amendment to the Constitution, before Home Affairs and Law Minister K Shanmugam explained why Section 377A of the Penal Code should be repealed.

Nov 29, 2022

Following a two-day debate, Parliament approved legislation to decriminalise sex between men and to amend the Constitution to protect the definition of marriage from legal challenges.