Singapore will not allow same-sex marriages even as it moves to repeal a law that criminalizes sex between gay men, Prime Minister Lee Hsien Loong announced Sunday.
The government plans to amend the country's constitution to protect its definition of marriage — as between a man and a woman — from court challenge.
Marital status is linked to many social policies in Singapore, including eligibility for public housing and adoption. LGBTQ activists in the Southeast Asian country have long derided this system as discriminatory and some now fear that enshrining the definition of marriage will entrench it.
Section 377A, the colonial-era law that made gay sex illegal, had caused "immeasurable pain and suffering" for LGBTQ people in the country and many had campaigned for its repeal, said Jean Chong, co-founder of Sayoni, a queer rights organization in Singapore.
Chong said she felt "deep regret" that the removal of the law had to come alongside added protections to the government's definition of marriage.
“These suggested constitutional changes will discriminate against LGBTQ families and partnerships who make important contributions to Singapore's economy and society,” Chong said.
Religious groups in Singapore, including the Roman Catholic Archdiocese of Singapore and an alliance of Christian organizations, had advocated vigorously in recent weeks for the government to add protections to the traditional definition of marriage.
In a televised speech, Lee characterized the government's two-pronged decision as a compromise that would allow the country to "maintain our current family and social norms."
“By and large, Singapore is a traditional society, with conservative social values,” Lee said. “Hence even as we repeal 377A, we will uphold and safeguard the institution of marriage.”
Several dozen countries have legalized same-sex marriages, according to the Pew Research Center. Some of them, such as the United States and Taiwan, did so after constitutional challenges. Lee said in his speech that his government wants to avoid such challenges by amending the constitution.
The courts are not the "right forum" to decide on the issue, he said. "Judges and courts have neither the expertise nor the mandate to settle political questions and rule on social norms and values - because these are fundamentally not legal problems, but political issues," Lee added.
The Washington Post