Legislation & enforcement will not be fully consistent without repeal of 377A: Sun Xueling

She agrees that Singaporeans' concept of family should not change even if 377A is repealed.

Lee Wei Lin | November 28, 2022, 04:25 PM

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Sun Xueling, Minister of State for Home Affairs and Social and Family Development, shared in Parliament on Nov. 28, on the engagements and feedback she gathered from various groups and individuals with regards to Section 377A.

She said in her speech her wish for Singaporeans to be "united in wanting Singapore to be a home for all, a tolerant and inclusive society, where all Singaporeans feel a sense of dignity and have collective confidence in our future".

Bills to repeal Section 377A of the Penal Code, decriminalising sex between men, as well as to amend the Constitution to protect the definition of marriage against legal challenges, were read today (Nov. 28) for the second time in Parliament.

Bills drafted with three main concerns in mind

Sun said the two bills were drafted with great care after hearing the views from various parties.

The bills, she said, were drafted with the aim of address the following:

  • The majority of Singaporeans still want the heterosexual family structure as the norm.
  • Most accept that private consensual sex between men should not be criminalised.
  • The main concern of those against the repeal is what the repeal would mean for social norms.

She added that the bills are to be seen "holistically because this is not a zero-sum game, where one side wins and the other side loses".

Gay community sees 377A as "society's judgement on them"

Sun spoke to groups such as Young Out Here, Greenhouse, Oogachaga, Sayoni, and T Project, who run support groups to help LGBT persons.

What she understands from those conversations is that the gay community sees 377A as "society's judgement on them -- a rejection of their right to exist, criminalises their right to love and to be loved in return, and makes them feel like a lesser citizen".

At the same time, they fear that the government might one day actively enforce 377A.

Sun brought up Prime Minister Lee Hsien Loong's oft-quoted 2007 speech on 377A, in which he said that "the government does not act as the moral police, and does not proactively enforce section 377A".

Explaining that the decision was "based on feedback from the society at the time", it was a "temporary compromise".

"However, legislation and enforcement will not be fully consistent without the repeal of 377A," she added.

"Repealing 377A means that we walk the talk, as legislation and enforcement will be coordinated, clear and transparent."

Physical and mental health affected by lack of love and acceptance

When Sun visited T Project's shelter, she noticed how the space, which was built for six persons, was "stacked with suitcases and personal items of about another 10 individuals".

She was told that the owners of the items have no permanent abode and move from place to place as their respective lives are "often complicated by mental stress, poverty, and unemployment".

At Greenhouse, which runs a support group for 200 gay individuals, Sun was told that some have "struggled since young to find acceptance from their family, but love and acceptance were not forthcoming".

As a result, their physical and mental health have suffered, which in turn affects their ability to find and hold a job.

It has also increased the risk of them committing offences and suffering from substance addiction, of which the latter can be a "coping mechanism" when they are "unable to find acceptance in society".

Some youths "cancelled" in educational institutions for not advocating gay rights

Sun has also spoken to those who have concerns about where our society is headed should 377A be repealed.

Some youths recounted how they were "ostracised or cancelled" in their respective schools or universities because they were not advocating gay rights.

Sun shared that the government is looking into policy solutions to "preserve space for people of different views to share what they think safely".

Others were "singled out at their workplaces because they are religious and by default seen to be homophobic and therefore at odds with the company's diversity and inclusion policies".

Sun brought up the Tripartite Guidelines for Fair Employment practices (TGFEP), which protects employees against discrimination and requires employers to make employment decisions based on merit and factors relevant to the job.

She added that the Ministry of Manpower (MOM) is looking into enacting workplace fairness legislation.

Opposing views not necessarily a bad thing

Sun acknowledged that there are polarising views about the repeal of 377A, and that the existence of opposing views in society is not necessarily a bad thing.

"Singaporeans are proud of being able to co-exist harmoniously in a multi-racial, multi-religious and multi-cultural society," she said.

Sun added in Mandarin:

"We don't have to live according to others' lifestyles, and we also should not force others to live their lives according to how we live ours.

Do as you would be done by."

Agrees that family is the cornerstone of society

Sun agrees that Singaporeans' concept of family should not change even if 377A is repealed.

She said she views family as the cornerstone of society, and emphasised that it is the government's consistent view and practice that marriage ought to be encouraged and an emphasis put on family.

This has been done by adopting various policies, such as married family units being given priority and subsidies for housing, she said.

Teaching materials from the Ministry of Education (MOE) will "continue to reflect the main values of Singapore's society, which is the heterosexual [family structure]."

Same-sex content will be introduced in teaching materials at an "appropriate age".

MOE requires teachers to conduct classes according to teaching materials, and not according to their personal values, nor based on research done on the internet.

Same-sex content will not be made available on free-to-air television channels.

Government resolving macro and micro problems at the same time

Sun brought up the timing of the repeal, as some have asked why this is being discussed at a time where we are dealing with rising prices, housing, and other issues relating to our livelihood.

She clarified that the government is very concerned about these issues and is doing its best to deal with them.

This includes the Assurance Package (AP), which will be distributed in December.

The 377A repeal and protecting the marriage system must also be addressed as it concerns Singaporeans.

"We shouldn't just resolve macro problems, but micro ones at the same time," Sun said. "This will allow every Singaporean live with dignity and hope."

Top photos from MCI Singapore/YouTube.