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Singapore will repeal Section 377A of the Penal Code, Prime Minister Lee
Hsien Loong said on Sunday (Aug 21), confirming months of speculation that the government might move on to the law criminalizing sex between men.

But to guard against the move triggering a drastic shift in societal norms, the Government will also amend the Constitution to protect the definition of marriage as one between a man and a woman to stave off future legal challenges, he added.

Explaining the rationale for repeal, he noted that there is a significant risk of the law being struck down by judges in future legal challenges, and it would be unwise to ignore this and do nothing.

Societal attitudes towards gay people have also “shifted appreciably” and it is time to consider again whether sex between men in private should be a criminal offense, he added.

“We need to find the right way to reconcile and accommodate both the traditional mores of our society, and the aspiration of gay Singaporeans to be respected and accepted,” he said.

“I believe (repeal) is the right thing to do, and something that most Singaporeans will now accept. This will bring the law into line with current social mores, and I hope, provide some relief to gay Singaporeans.”

His announcement at the National Day Rally comes months after the Court of Appeal ruled in February this year that Section 377A of the Penal Code was unenforceable in its entirety. Following the judgment, Cabinet ministers held extensive consultations with religious leaders, lesbian, gay, bisexual, and transgender (LGBT) groups as well as regular Singaporeans on the best way to deal with the law.

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