Section 377A Repealed: What does this mean for us?

Never in my life did I think that this could happen. Especially not in 2022.

377A has been repealed. It really, truly makes me happy that our society is capable of change. I am beyond elated to know that our pledge and anthem means something: That "based on justice and equality, so as to achieve happiness, prosperity and progress for our nation" means something. We are now here, with a material victory to speak of, and it feels surreal.

I am happy that tonight, kindness, empathy and acceptance won. We fought so long and hard for this. All we need is a society that does not discriminate against teachers, soldiers, lawyers, theatre practitioners, politicians and scientists just because of their personal lives. I am so endlessly proud of this country tonight. We finally did it.

As much as some have painted the LGBTQIA+ community as a Western ideal and construct, this could not be further from the truth. Section 377A of the penal code, which criminalizes sexual intercourse between consenting men, was a colonial-era law that was introduced by - you guessed it - Western colonizers. Removing this archaic hindrance to the cohesiveness of our society brings us one step closer towards decolonizing Singapore as nation-state. That was a strong argument brought up during the National Day Rally in the lead up to the announcement of the repeal.

As the NUS College of Humanities and Sciences telegram chat erupted in a wave of local news reports and celebratory messages, a few voices began to ask the practical questions: Where does this leave us now? Officially, the position of the government is to strengthen safeguards on the "family unit", and to consult religious leaders on the future of marriage rights. They also made it a whole lot harder to challenge the status quo in future, so proponents of marriage equality are now in limbo. What do we make of this landmark ruling that no one seems to be completely happy with?

Personally, the repeal of Section 377A in context can be read as both a shift in societal consensus as well as a signal to the international community. Repealing Section 377A removes one of the last tangible marks of a backward society, which elevates Singapore in social standing in a world where liberal thought has become the mainstream, and where cancel culture effectively puts Singapore in a difficult position of Section 377A were to be retained. There is little to gain from keeping a law that will not be enforced, and which may lead to a loss of economic value, so scrapping Section 377A is surprisingly in alignment with the broader pattern of Singapore's foreign policy, which is to remain pragmatic and economically competitive in line with global shifts. While some may argue that this is a domestic policy, I find it highly unlikely that our policymakers would not have strongly considered our international image and reputation in their decision making process.

The repeal of Section 377A also comes after almost three decades of activism, lawsuits and rallies, and amidst violent pushback by conservative leaders and communities. The LGBTQIA+ community is now unequivocally recognized by the legal system, in that we can never be persecuted for existing because the law no longer exists. Unfortunately, our rights end there. Where housing, marriage and adoption of children are concerned, LGBTQIA+ individuals and couples continue to face immense difficulties, and this is about to be compounded by new laws which promises to define marriage as between one man and one woman in the Constitution alongside all of the family-first policies that already exist. There will be no legal recourse for further lawsuits to advance LGBTQIA+ rights, and future changes may only be enacted through parliament, which would require a two-third majority.

The repeal of Section 377A is thus a bittersweet one, because there is so much to do, that is about to become a whole lot harder. However, I take pride in the fact that this announcement, more than being about placating both sides, is also symbolic. In a law-abiding culture like Singapore where the law is the word of the heavens, this is a significant shift in public policy. Conservatives may grumble about the "gay agenda", but they no longer have the weight of governmental support coursing through their words. It is premature to suggest that a power shift has occurred between the conservative and liberal communities of Singapore. Yet, on this glorious Sunday, a small battle has been won. LGBTQIA+ citizens no longer live as underground residents who must toe the line between Section 377A and the government's assurances that no one would be persecuted under the law.

We still have a long, long way to go but today, today. We are free.