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Court ruling deals blow to gay rights in Singapore

Rights activists reacted with indignation on Wednesday after Singapore's High Court rejected a petition to repeal an archaic law criminalising sex between men. In a ruling issued on Tuesday, the court said it was up to parliament to repeal a controversial provision in the penal code known as Section 377A, whose constitutionality has been questioned by a gay couple.

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10th April 2013 15:06

Alessia Valenza | ILGA Asia

"The issue in the present case no doubt is challenging and important, but it is not one which, in my view, justifies heavy-handed judicial intervention ahead of democratic change," Judge Quentin Loh said in his verdict. "To my mind, defining moral issues need time to evolve and are best left to the legislature to resolve," he added.

The law dates back to British colonial rule in Singapore and carries a maximum penalty of two years in jail for homosexual acts. While the provision has not been enforced actively by Singapore authorities against men who engage in consensual sex in private, it has become a lightning rod for activists pushing for social reform in the affluent nation.

Two male partners who launched the petition — graphic designers Gary Lim, 44, and Kenneth Chee, 37 — now have the option to take the case to the Court of Appeal, the highest judicial body. A second petition questioning the constitutionality of the provision is still pending before the same court, but activists are not optimistic.

Jean Chong, co-founder of lesbian activist group Sayoni, said she was "disappointed and outraged" by the court’s decision. "377A doesn’t just criminalise gay men. It justifies a wide range of abusive behaviours and institutionalises discrimination against LGBT people. It sends the wrong signal to the world that Singapore is a backward and regressive state," she told AFP.

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