atans1

Why S377A is a gate worth storming, or defending/ Legal basis of repeal

In Uncategorized on 23/10/2018 at 5:16 am

Hawkergate* (thankfully because the focus has shifted to a bread-and-kaya issue not air fairy human rights) has made anti-PAP S’poreans especially the cybernuts forget about the attempt to repeal 377A. So let’s spend a few minutes (only a few) to reflect on why the zealots on both sides of the Pink line think the row is very impt. And why most of us are boh chap the issue, unlike on Hawkergate.

The attempt to repeal section 377A in the Penal Code is the mother of all battles for the Talinanites of both sides because a victory for the repealers will open the mountain pass, or the gate of the fortress or Great Wall to the “barbarians” as the other side sees them. Of course, the stormers say history is on their side and objectively they are right.


Other Gay Suff

Male gays here: On “permanent” parole

Gays versus Taliban Christians etc

Oppressed to Oppressor: Pastor Khong describes Christianity’s evolution, not the gays’ agenda

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For those who fight for the retention of S377A, they know (rightly) that the “barbarians” (or “progressives”) will then fight for legal same-sex marriage. This will then lead to same-sex married couples becoming eligible to buy HDB flats and govt grants. It’s all about money, ain’t it?

….Then it will lead to toilet issues like man cross-dresses to woman’s attire entering women’s toilet, education system and curriculum, neighbours, etc and will lead to many other issues. Hence, it is better to keep 377A status quo. What they do privately in their bedrooms is their business.

FB post

So the fight to retain 377A is to head off the legalisation of gay marriages in the future. S377A has to be repealed first. If it’s repealed tomorrow, one less barrier or hurdle to overcome.

Onto the legal basis of the challenge

The lawyers of Johnson Ong who is taking legal action to repeal the law which criminalises sex between two men,  Mr Eugene Thuraisingam and Mr Suang Wijaya

will highlight the concept of human dignity, which was not argued in a previous challenge filed four years ago.

They will argue that Section 377A “violates human dignity”, and that sexual orientation “is unchangeable or suppressible at unacceptable personal cost”.

They will adduce expert evidence, which was also not led in the 2014 case that was struck down. They include proof that same-gender sexual orientation (including identity, behaviour, and attraction), and variations in gender identity and gender expression are “a part of the normal spectrum of human diversity and do not constitute a mental disorder”.

If established that sexual orientation is unchangeable or suppressible, they will argue that the criminalising of consensual sex is a violation of human dignity and breaches Article 9(1) of the Constitution, which states “no one shall be deprived of life and personal liberty save in accordance with law”.

The lawyers will also argue that there have been many changes and legal developments around the world since the October 2014 challenge was struck down.

https://www.todayonline.com/singapore/dj-has-file-his-evidence-challenging-section-377a-nov-20

I wish them well but point out that the predecessor of s377A was the law of the land long before the Con was enacted. The Indian case is not binding on our courts, as the lawyers know. Besides it’s an Indian, not an ang moh ruling: even for our ethnic Indian judges.


*The Hard Truth about hawker food: Link edited at 7.30am after first publication

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  1. Just as the democracy activists r usually not very democratic running their own parties, the openness advocates dont take my questions very well when l ask a. Since they r so open minded, do they support those who advocate polygamy? b. Why kevlyn lim crying in 2011 election rally about plight of single mothers quickly brought change, but 377a has been so difficult.?

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