Singapore’s highest court upholds gay sex ban for this frustrating reason

Singapore Pink Dot Festival, 2014
Photo: Wikimedia Commons

Singapore’s highest court yesterday upheld the country’s ban on gay sex. It reasoned that as authorities no longer enforce the ban, it cannot be ruled to violate anyone’s rights.

Local activists have filed numerous legal applications in recent years to try and get the ban dumped.

The legislation, known as Section 377A, dates back to colonial-era times. It threatens any man charged and found guilty with two years in jail. It doesn’t apply to women.

The Singapore High Court upheld the ban in 2020, with the judge saying even though it hasn’t been used in several years, it “serves the purpose of safeguarding public morality by showing societal moral disapproval of male homosexual acts.”

Three local activists challenged this ruling in an appeals court. They say the ban is unconstitutional.

In a written judgment issued yesterday, Singapore’s Chief Justice Sundaresh Menon acknowledged the law had “long been a lightning rod for polarization” but said it did not breach the constitution.

Menon said it was…

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