This is yet another disappointment for the LGBT community in Singapore. The highest court in the country on Monday rejected an appeal against the law prohibiting sexual relations between men.
Singapore Court of Appeal judges dismissed an appeal against a High Court ruling in 2020, saying there was no need for them to rule because the activists who took the case to court “ do not face a real and credible threat of prosecution”.
An “unenforceable” law
The judges, however, went further than in previous cases, pointing out that the law was upheld because of its “symbolic weight” but on the basis that it “would not be proactively enforced”.
The law “is unenforceable unless and until the (Attorney General) of the day provides clear notice” that he decides to enforce it, they added. A remnant of British colonial rule, it provides for a maximum sentence of two years’ imprisonment for homosexual acts. It is not enforced in practice but activists say it still denies members of the gay community their rights, despite the city-state’s increasingly modern culture.
“Homosexuals are always criminals”
Several attempts to have this text annulled have failed in recent years, contrasting with the situation of homosexual rights elsewhere in Asia, such as Taiwan or India. Roy Tan, a retired doctor and one of the three activists behind the constitutional complaint, welcomed the fact that the law was declared “inapplicable”.
But he felt that this did not go far enough because the text “remains in force, which clearly indicates to society that homosexuals are still criminals, even if they are not prosecuted”. Roy Tan has announced that he intends to file new appeals.
Residents “opposing”
“We are shocked and disappointed by the judgment,” reacted Bryan Choong, another activist behind the appeal. This decision “does not mean that our work to make Singapore a more inclusive and tolerant society will stop”, he added.
Authorities say most socially conservative Singaporeans would oppose repeal of the law.