SINGAPORE COURT UPHOLDS COLONIAL-ERA GAY SEX BAN

In a major setback for Singapore’s LGBT community, the city-state’s highest court has ruled that the ban on gay sex is not unconstitutional.

In April 2013, the High Court refused to repeal the British colonial-era criminalisation of consensual sex between men, saying the move should be left up to parliament.

On Wednesday, the Supreme Court of Appeal agreed and rejected an appeal against the earlier ruling.

It stated that section 377A of Singapore’ penal code, which bans sex between men, does not violate articles 9 and 12 of the country’s constitution.

These articles guarantee the right to life and personal liberty, and provide that all people are entitled to equal protection before the law.

The issue was brought to the courts by Gary Lim and Kenneth Chee who have been a couple for over 16 years. They were joined in their appeal by Tan Eng Hong, who was arrested in 2010 for allegedly having sex with another man.

“While we understand the deeply-held personal feelings of the appellants, there is nothing that this court can do to assist them. Their remedy lies, if at all, in the legislative sphere,” said the court.

It stated that it could not support “an insistence by a particular group or individual that its/his values be imposed on other groups or individuals.”

The court’s ruling was slammed by Human Rights Watch, which called it a “terrible setback for homosexual people in Singapore who want to live their lives like everyone else.”

“Singapore likes to advertise itself as a modern Asian country and business destination,” said Boris Dittrich, Advocacy Director of the organisation’s LGBT programme, “But this discriminatory anti-LGBT law is wholly out of step with international rights standards that guarantee protections, including for sexual orientation and gender identity.”

He added: “Perpetuating discrimination based on sexual orientation should worry foreign companies and educational institutions—and make them ask hard questions about whether they can operate freely in a Singapore with such retrograde laws on the books.”

Penalties for gay sex in Singapore include up to two years in prison, but the ban is rarely enforced.