Singapore: Southeast Asian state to end ban on gay sex by repealing colonial-era 377A law

Prime Minister of Singapore Lee Hsien Loong announced on national TV that the country’s 377A law, which bans gay sex, will be repealed.

Singapore is known for having socially conservative values, but opposition to 377A has increased in recent years as support for LGBTQ+ rights in Asia has grown.

The government had previously said that the law would be kept on the books but not enforced, however, the law will now be repealed following a months-long government review which saw opposition from religious groups.

What is 377A?

377A is a law in Singapore which criminalises any act which was said to go "against the order of nature”.

The law put penetrative gay sex between men in the same category of crime as sex with animals, and made the act punishable with a maximum penalty of life inprisonment. The law does not prohibit gay sex acts between women.

The law is not enforced and there have been no convictions for sex between consenting male adults in Singapore for decades.

When was the 377A law introduced?

Section 377A was a law introduced during British colonial rule of Singapore in the 1930s. Similar laws had been introduced by the British in other countries then ruled by the British including India, Kenya and Malaysia.

In 1963 Singapore became a state of Malaysia, ending 144 years of British rule, and in 1965 Singapore became an independent republic.

Some colonial-era laws have remained on the penal code in Singapore, as in other former colonial countries - and section 377A has remained on the books for the more than 50 years that Singapore has been independent.

Where do other Asian nations stand on gay rights?

Singapore is the latest Asian country to act to advance LGBT+ rights, following India which abolished 377 in 2018.

In 2019 Taiwan became the first Asian territory to legalise gay marriage and Thailand has also approved draft legislation to recognise same sex unions.

In the fast majority of Asian countries, same sex marriage is not legal, and in 20 Asian countries same sex sexual activity is illegal.

In Afghanistan, Brunei, Iran, Qatar, Saudi Arabia, the United Arab Emirates, Yemen and Chechnya, same sex sexuality activity has a maximum punishment of the death penalty. In the vast majority of cases this punishment is not enforced, but there were confirmed cases of the death penalty being used as punishment for homosexual acts in Saudi Arabia in 2019.

What has the Singapore government said?

Prime Minister Loong said that he believed abolishing the law was "the right thing to do, and something that most Singaporeans will accept."

He added that he hopes “it will bring some relief to gay Singaporeans".

However, a 2022 survey found that 44 per cent of Singaporeans supported retaining the law - some are concerned that repeal may cause the LGBT community to call for marriage equality.

In an attempt to please both sides, Loong said that the government will protect the current definition of marriage in Singapore between a man and a woman.