People's Action Party[]
Lee Kuan Yew[]
- Main article: Lee Kuan Yew's views on homosexuality
Goh Chok Tong[]
- See also: PM Goh Chok Tong liberalises employment of openly gay individuals in civil service, July 2003
In a Time magazine (Asia) article entitled, "The Lion in Winter" by Simon Elegant published on 7 July 2003, the then Prime Minister Goh Chok Tong was reported to have said that his government would henceforth allow gay employees into its ranks, even in sensitive positions. The change in policy, inspired at least in part by the desire not to exclude talented foreigners who were gay, was being implemented without fanfare to avoid raising the hackles of more conservative Singaporeans.
"So let it evolve, and in time the population will understand that some people are born that way," Goh said. He added the by-now famous quip which presciently predated Laga Gaga's runaway hit and LGBT anthem Born This Way by almost a decade:
"We are born this way and they are born that way, but they are like you and me."
Goh's announcement was perhaps an attempt at making Singapore less restrictive and more creative to revive the economy in the wake of the 1997 Asian financial crisis and the SARS outbreak in 2003 which caused a severe recession.
Alvin Yeo[]
Alvin Yeo served as Member of Parliament for Hong Kah GRC from 2006 to 2011, and for Chua Chu Kang GRC from 2011 to 2015. At the 2015 General Election, he retired from politics. He opposed the parliamentary petition to repeal Section 377A in 2007.
Transcript:
Mr Deputy Speaker, Sir, thank you for allowing me to take part in this debate at this late hour. After such powerful moving speeches from our two Nominated Members of Parliament, one is tempted to remain silent. But allow me to respectfully add my perspective.
In the run up to this debate, I read an interview or feature in the New Paper where Mr Siew Kum Hong was asked for his personal background and his reasons for bringing this parliamentary Petition. He replied that his personal background was irrelevant to the issue and that he was bringing this Petition as he supported the principle of equality of treatment, including for those who engage in homosexual conduct.
I should say that I agree with Mr Siew that one's personal background is simply not relevant to the issue and, personally, I applaud Mr Siew for his willingness to subject himself to intense media and public scrutiny for a principle he subscribes to. I say that one's own background and indeed one's own personal views are not what is really important. Because our role as Members of this House is to represent not so much our own views, but those who have placed us in this position of responsibility. This means that one has to take account of not just the minority views but the majority views as well, to not just listen to the vocal, the articulate, the high profile spokesmen for their various causes, but to try and discern the views of the vast and silent segments of the population whose views and feelings run just as strong.
It is generally accepted that a large portion of the population remains uncomfortable with, even troubled, by homosexual behaviour. The Straits Times ran a poll where something like 70% expressed discomfort with these views. Those of the Muslim faith, many with Christian beliefs, oppose the condoning of homosexual conduct. Do their views not have to be taken into account? Is this tyranny of the majority? Some commentators think that it is outmoded for our laws to reflect the moral and social values of the people it governs. I disagree.
In our nation which has, as one of its ingrained principles, the rule of law, indeed it is usually considered one of our competitive strengths as well, the law stands, not just as a boundary line of what conduct will or will not be prosecuted, but as a moral compass of what we stand for. It is a benchmark of our values, our beliefs, not just a reference book to determine when we can sue and when we can be sued. That is why our courts, in interpreting the law, have always required parties to observe not just the letter of the law, but also its spirit and its purpose.
In this regard, I do take issue with the two points that Mr Siew, notwithstanding his forceful and loquacious arguments, has made. The first is that, because the Ministry has said that section 377A will not be proactively enforced, it is an admission that no harm results from it. I think other speakers, more eloquent than me, have spoken of the social and psychological and moral harm that can result from embarking or slipping down the slippery slope. I prefer to think that the stand of the Ministry is not because they recognise that there is no harm, but because they wish to show some degree of tolerance to those who subscribe to different views to give them some space in their personal lives. But they are standing firm on what the principles and beliefs that our society stands for in continuing to have this law on the statute books.
Mr Siew also says that he does not agree with this "signposting" argument because, to him, signposting is an all-or-nothing approach. Again, I have to respectfully disagree. There are certain key markers in all our laws which reasonate through the fabric of our society more than others. For instance, how many of you have heard of section 498 which has to do with enticing a married woman, and how many of you consider that doing away with that law means that this House is permitting adultery or promiscuity? Certainly, from all the press reports, none of them seem to labour under the misimpression that the non-repeal of section 377A was what that particular signpost was about.
One of the points made is about equal treatment for all before the law, including homosexuals, which I think is the central plank of the petition that has been presented. Equality before the law is a fundamental concept. But it cannot be looked at in vacuum. It does not deprive a state, a government, of regulating what it considers to be proper and correct behaviour. It is equal rights for all, as measured against the values and beliefs of our society. And our society is a multi-religious, multi-racial and multi-cultural one. So, for instance, we have an Administration of Muslim Law Act which imposes a separate regime on Muslims in family and estate matters. Yet, we do not hear complaints about unequal treatment from either Muslims or non-Muslims. It is accepted as part of our multi-cultural, multi-religious Singapore.
To take another more recent example, the Human Organ Transplant Act (HOTA), where Muslims are not subject to the same opting-out provisions on account of their religious beliefs.
Even then, discussions and consultations are going on within the Muslim community and outside, to remove this particular difference. Again, the principle of equal treatment of all has to be moderated by our aim of preserving harmony among our different races, of mutual respect for each other's beliefs. I do not believe that anyone seriously contends we should not continue to uphold this.
Having said that, there may be something to be learnt from HOTA and the discussions relating to its possible change. To those who support the removal of section 377A, it is an object demonstration that laws can and do change based on a reconciliation of different views. But such changes, particularly where they involve deeply-held deep-seated religious and moral beliefs, do take time and they cannot be forced. Indeed, I hope that all concerned in this particular lobby effort will be patient and understand that the views of others do count as well and try to give this issue more time and not let it be something that divides our society.
Overall, Mr Deputy Speaker, Sir, the changes to the Penal Code may keep it more relevant to this day and age and are to be welcomed.
Mr Deputy Speaker, Sir, I support the Bill.
Ho Geok Choo[]
Ho Geok Choo served as a Member of Parliament (MP) for the West Coast GRC from 2001 to 2011. She opposed the parliamentary petition to repeal Section 377A in 2007.
Transcript[1]:
Sir, reactions to section 377A have been sharp and vocal, with several interest groups taking highly public positions on this particular provision. In fact, I understand that there is a disturbing undercurrent of violent hostilities surrounding this discussion. I would like to appeal to all interest groups and interested individuals to discuss section 377A in a calm and peaceful manner befitting a civil and civilised society. Sir, I would like to reiterate what Dr Balaji said recently, although in another context, and that is, "Whilst we encourage diversity in society, we must not allow divisiveness to cut society into a disintegrated one, especially in a small and open country like Singapore.". We must strike a balance.
Sir, I was reflecting on this issue and I realised that the Government is very much like the parents in the household. With a brood of children, born of the same parents, but with totally different characters, how do the parents ensure that within the family, there is space, tolerance, balance and peace and harmony in their co-existence? Of course, there are principles and values that parents must instil. But when there are disagreements, it is not enough to know what is wrong but it is important to know how to fix the problem as well. How could the parents do this without excluding any member of the family? This is the imperative task faced by the Government at the moment.
Ong Kian Min[]
Ong Kian Min was the Member of Parliament for Tampines GRC. He opposed the parliamentary petition to repeal Section 377A in 2007.
Transcript:
I would state categorically that I am not in favour of mainstreaming the homosexual lifestyle, but have not intended to speak on section 377A as the Government has consulted widely. Many have spoken on this issue and most Singaporeans let out a sigh of relief when they noticed that this Amendment Bill left the existing section 377A intact. Well, I do not want to dwell into the hypothetical scenario painted by Mr Baey Yam Keng as the fact remains that, outraged by Mr Siew Kum Hong's open Petition, many of my concerned constituents and friends have come forward to voice out their extreme unease about how this issue might evolve. And they feel that it is about time they let their stand be made known. They have come out more forcefully to make their views known and the Tampines GRC MPs have promised to express some of these views for them, the hitherto silent majority.
I would like to quote from one of my residents from my GRC, Miss Samantha Wong of Tampines Street 81:
"I cannot imagine the repercussions it [repeal of section 377A] would have on the morality of the society. This is a place where my children and children's children would grow up in. Thus I plead that this decision [the Government's decision in not changing section 377A] would not change for the sake of upholding the moral standards and family values in this nation. In no way does this petition [Mr Siew Kum Hong's petition] serve the interests of Singapore or us as Singaporeans, but only a small portion pushing to serve their own personal interests/agenda."
Sir, whether section 377A should be repealed or retained is an emotive issue that has aroused much debate. It has forced us to examine our beliefs and convictions against the context of changing perceptions and values that have happened over time. Judging by the number of signatures that the two opposing websites - "Repeal377A" and "Keep377A" - have amassed, it has compelled many of us to make a stand for what we believe in.
The true crux of the matter is whether Singaporeans are ready to openly accept homosexuality into mainstream society.
Although a vocal segment of society has garnered much support for the repeal of section 377A, the majority of Singaporeans have unequivocally rejected these cries to decriminalise homosexuality. The overwhelming sentiment of Singaporeans is that they are not prepared to compromise their conservative family values by opening up to alternative sexual behaviour, nor allowing it to permeate across time honoured boundaries into the conventional family sanctity.
Sir, I would like to thank Prof. Thio for giving me a history lesson yesterday on how the concept of marriage and modern-day family came about. The family unit has been acknowledged as the building block of society, praised as the foundation of social order and exalted as the bastion of civilisation. It is the family thatnurtures our children. It is the family that inspires us to contribute to our community. It is the family that believes in working towards a future. Every nation is fully cognisant of the importance of the family as the primary source of stability and growth. Singapore is no different. Our Government has demonstrated its commitment to preserve and strengthen the family structure through pro-family laws and policies. I believe that a great majority are keen to preserve the family unit as we know it - a family unit that consists of a father, a mother and their children.
In a fast-changing world, the traditional family unit is already vulnerable to various encroachments such as rising divorce rates, the increase in the number of single-parent households and work pressures. We must do all we can to support the integrity of the family and keep it safe from further challenges. By promoting homosexuality, we are effectively initiating a shift in the definition of the family unit. I gravely fear that repealing section 377A will lead to calls for further integration of homosexuality into our society. Singaporeans are simply not ready to change their family values at this point in time. Encouraging homosexuality will undermine the traditional family institution and weaken our social fabric. Let the family unit not be compromised.
The majority of Singaporeans want their children to grow up in a traditional environment that espouses healthy and wholesome traditional family values. We do not want the homosexual lifestyle to be promoted or celebrated.
Cynthia Phua[]
Cynthia Phua was the Member of Parliament for Aljunied GRC. She opposed the parliamentary petition to repeal Section 377A in 2007.
Transcript[2]:
Sir, I would also like to state that I support the retention of section 377A. I agree totally with what Deputy Prime Minister and Minister for Law, Professor S Jayakumar, who recently presented this perspective when he spoke at the Rule of Law Symposium. In the application of the rule of law, it has to be in accordance with the social, cultural and political values of each society. I quote:
"Asian societies like Singapore generally give greater importance to the larger interests of the community in arriving at this balance. In western societies, the tilt is towards more emphasis on the rights of the individual."
In Singapore, we must continue to protect and uphold the traditional core family structure and values.
Hri Kumar Nair[]
- Main article: Hri Kumar Nair's views on homosexuality
Hri Kumar Nair was a Member of Parliament for the Bishan-Toa Payoh GRC. He supported the parliamentary petition to repeal Section 377A in 2007.
He also feels that there are Singaporeans who have questions concerning their sexual orientation and who are deeply affected by it and that the Government needs to provide a facility for those seeking advice or support. Society should have a frank conversation about its approach towards homosexuality.
Hri Kumar disagreed with the National Library Board's decision to destroy 3 LGBT-friendly children's books in 2014 (see main article: NLB saga).
Transcript:
Let me touch briefly on the issue of section 377A. As Professor Ho pointed out, this is one debate which will not see people switching sides easily. Both proponents and opponents of the law have deeply entrenched views on the subject, and that is unlikely to change for some time. I have personally asked many people, both young and old, what they think of this issue, and the almost common consensus is that they do not want this law to be repealed and that is consistent with the feedback the Government has received.
So I do not wish to engage in a moral debate, and certainly not a long one, and I have no rousing speech to deliver. What I wish to do is to approach it from a lawyer's point of view and how I see Parliament and Parliament's role in making laws.
Sir, as a lawyer, the power of Parliament to make law is of particular interest to me. When judges and lawyers interpret laws, they are, in certain instances, permitted to refer to Hansard to determine the intention behind any word, phrase or provision in a piece of legislation. Parliamentary debates, therefore, play an important role not just in the passing of laws but how they will be understood by those who later apply them. What we say here or do must be consistent with the law we promulgate and also make sense to those who will scrutinise our words perhaps years from now. In my submission, laws must meet the three Cs, ie, be clear, consistent and concrete, meaning that they must be substantive, effective and make sense. What I find difficult about this issue before us is that while the majority do not wish a repeal for good reason, intellectually, section 377A does, in some respects, fall short of what a good law is or should be.
Sir, first, it is unclear what the current legal position is. In a statement on 7th of November 2006, the Ministry of Home Affairs said that, with respect to section 377A, it will not be proactive in enforcing the section against adult males engaging in consensual sex with each other in private. But what does that mean? Does it mean that the Police will not act on complaints or that suspects may be investigated but ultimately not arrested or prosecuted? Or is it the case that the Attorney-General, who has prosecutorial discretion, may prosecute some but not all offenders? That puts the Attorney-General in a difficult position because selective prosecution will give rise to more issues. But if the intention is not to do anything at all, then what is the purpose of having the law? Does it not hurt our credibility that we have laws that are toothless? The Penal Code is an important piece of legislation and, in the long run, making some conduct criminal under our Penal Code whilst stating that the law will not be enforced, simply invites attacks on the integrity of the Code.
Second, we are not being consistent. The retention of section 377A is often justified as being consistent with the importance society places on family values. But society has done away with criminalising a whole host of other conduct, which is far more damaging to family values, such as adultery, which carries a more direct threat to the integrity of the family. And adultery was one of the original Ten Commandments. Further, it is not always true that laws always reflect society's or the moral position. Marital rape is a good example. I cannot imagine any Member of the House believing that it is acceptable for a man to force himself on a woman under any circumstances, regardless of whether they are married. But we do not completely outlaw marital rape. The Bill here certainly protects a woman more by prescribing circumstances under which her husband can be charged with rape, but the protection is not absolute for wives. Why? Over and above the reasons that have been given - and in this respect I share NMP Ms Eunice Olsen's criticisms of those reasons - more importantly, the law knows its own limits and it is practically impossible to properly enforce a law by giving a wife absolute protection. So, likewise, we also accept that the Penal Code is not the appropriate tool to legislate or regulate the private heterosexual behaviour of consenting adults. Indeed, it is almost impossible to effectively do so. In addition, the question arises also why section 377A does not deal with lesbianism. Over and above the legal basis for discriminating between men and women, where is the consistency?
Thirdly, Sir, the law has no real substance. Through a 15-year period, ie, 1988 to 2003, there were only eight convictions under section 377A involving seven incidents. Two convictions were for the same incident. Moreover, it has not been invoked in respect of consensual sex since 1993. So this law is rarely applied or, if applied, it applies to minors or acts in public. Does that mean that private consensual homosexual acts do not happen in Singapore? To believe that would be naive. The truth is that it is virtually impossible to enforce this law. Now that the MHA has said that it will not actively pursue offenders, we are not likely to see any prosecutions in the future, certainly not many.
Sir, I accept that even if a law is difficult to enforce, it can still serve a legitimate purpose in its underlying message, and section 377A sends the message that those who engage in homosexual activities are criminals. But at the same time, we have been saying that our society will not reject those with alternative lifestyles. We have even said that such individuals have a place in our civil service.
It has also recently been said that homosexuality may be genetic, and the debate on this issue is still raging on. Now, the MHA says that it will not prosecute offenders. So what is the message we are sending? Are we for or against it? What do we stand for? While this may be an uncomfortable issue, we should at least make our position clear. Just to cite an example by Mr Christopher De Souza, he says, messaging is important, and he cites the example of suicides, that if we do not make it an offence to commit suicide, we are sending the message that suicide is acceptable. But there is no inconsistent messaging for suicide. So it is not such a clear issue.
Sir, my second issue is with the arguments put forward by the opposing camp. The opponents of the repeal have expressed concern that any repeal may be construed as endorsement by the Government in favour of alternative
lifestyles. That is a fair point. However, likewise, I hope that any decision not to repeal will not be regarded as an endorsement for some of the reasons that have been advanced to oppose it. What are some of these reasons?
First, the argument advanced by some religious groups that section 377A should be retained because homosexuality is an abomination. I respect their right to express their views, and I do not think this is the appropriate time or place for me to discuss it. But we must remind ourselves that we are a secular state, where every one is equal in the eyes of the law, and it is important to assure all citizens of Singapore that decisions will always be made on secular grounds.
Second is the notion that section 377A reflects our Asian values. But section 377A is not even Asian in origin. Section 377 was originally based on an English criminal law which sought to prohibit sodomy, and was incorporated into the Indian Penal Code in late 1862. It was also adapted for the Straits Settlements Penal Code in 1871. Section 377A was later added under the sub-title "Unnatural offences" in 1938. Both sections were absorbed unchanged into the Singapore Penal Code when the latter was passed by Singapore's Legislative Council on 28th January 1955. In short, we inherited this from the British. There is nothing distinctly Asian about it.
Third is the argument that repealing section 377A will lead to a rampant increase in homosexuality, and thereby increase HIV rates. First, retaining the law can make no difference because offenders have already been told that they will not be prosecuted. Second, Sir, it is stretching logic to suggest that the repeal will lead to a sudden proliferation of homosexual activity. Thirdly, making something illegal only forces it underground. That will restrict the ability of the Government to respond to the HIV threat through promotion and education, when Government agencies feel that they cannot engage with the gay community in any way except a condemnatory one.
Finally, Sir, is the argument that the repeal is a slippery slope, that it will herald the end of the family unit. As I have said earlier, there is no consistency in our laws to support this argument. Further, while society may frown on homosexuality, that, by itself, does not justify criminalising it. A number of speakers, at least one of them, have highlighted the surveys in the Straits Times where the public was polled and 70% were said to frown on homosexuality. I can understand that. Seventy percent frowned on it. But how many actually said that they were willing to criminalise it? That question was not even asked, and that is a serious question because that is the issue we face today.
Some Members have mentioned the possibility of same-sex marriages occurring here. That, no doubt, will be an issue which gay activists will push further down the road. But that involves the Government actively endorsing and passing legislation to recognise same-sex marriages. So the arguments here do not apply.
Sir, can I end by putting the question in another way? I say there is another way to test the issue: assume we are here debating whether to include section 377A into our Penal Code, would we do it? I am not sure we would, because we would hesitate about passing laws to deal with private acts in the bedroom. But because it is already there, we are comfortable living in there.
Sir, it may well be that our society today is not ready to debate this issue. I hope that it will not be too long before we feel ready to do so, because I think that is a sign of our growing maturity. But when we do debate this issue, I hope that the debate will be calm and measured as that typifies the way we do things in Singapore. Certainly, we do not wish to see any proliferation of hate messages of mails and other things which Professor Thio Li-ann has talked about. That is certainly not the way we do things in Singapore, and long may that continue. Ultimately, laws should be passed or repealed not only because the majority wants it that way, but because it makes sense and it is in the interests of Singapore as a whole, including the interests of all minority groups.
Wong Kan Seng[]
- Main article: Wong Kan Seng's views on homosexuality
Singapore Democratic Party[]
Workers' Party[]
Reform Party[]
Roy Ngerng[]
On 5 August 2015, blogger Roy Ngerng announced his application to join the Reform Party. He was subsequently accepted, making him Singapore's second openly gay politician after Vincent Wijeysingha who had left Singapore for New Zealand in July 2015[3] and the first to be openly gay while campaigning in a General Election.
Ngerng also considered running as an independent candidate in the 2011 General Elections but later joined the Reform Party's Ang Mo Kio GRC team[4].
M Ravi[]
On Friday, 28 August 2015, The Straits Times reported that M Ravi, the human rights lawyer who initiated the challenge to the constitutionality of Section 377A in 2010 arrived at the Elections Department with Reform Party member Osman Sulaiman and said that he would like to contest in Ang Mo Kio Group Representation Constituency (GRC) for the upcoming 2015 General Elections[5]. Reform Party candidate Roy Ngerng announced on his blog, The Heart Truths, that Ravi would for part of the GRC team for Ang Mo Kio together with Ngerng himself, Gilbert Goh, Osman Sulaiman, Jesse Loo and Siva Chandran[6].
Later that day, Ravi made his maiden speech as a politician in Tamil during the Reform Party's Ang Mo Kio GRC team's press conference.
National Solidarity Party[]
Democratic Progressive Party[]
SingFirst[]
See also[]
References[]
Acknowledgements[]
This article was written by Roy Tan.