What global legal developments support the challenge to 377A?

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Global Legal Developments Supporting the Challenge to Section 377A

A disc jockey, Johnson Ong, has initiated a legal challenge against Section 377A of Singapore's Penal Code, which criminalises sex between men. Ong's challenge asserts that the law is "absurd and arbitrary" when viewed against a backdrop of significant global legal shifts. These developments include the widespread legalisation of same-sex marriage and the decriminalisation of consensual same-sex acts in various jurisdictions. The court documents, with the Attorney-General listed as the defendant, indicate that Ong's case will delve into the concept of human dignity, incorporating expert opinions not presented in a prior 2014 challenge. A pre-trial conference for this new case is scheduled for September 25.
Decriminalisation of Consensual Same-Sex Acts

Lawyers representing Ong intend to argue that sexual orientation is either unchangeable or can only be suppressed at an unacceptable personal cost. Expert evidence is expected to be presented, asserting that same-gender sexual orientation and variations in gender identity are integral parts of normal human diversity and not indicative of a mental disorder. If it is established that sexual orientation is unchangeable, the argument follows that criminalising consensual sexual activity infringes upon human dignity and contravenes Article 9(1) of the Constitution, which safeguards personal liberty except in accordance with the law.
Legalisation of Same-Sex Marriage

Significant global legal changes provide a framework for Ong's challenge. For instance, on June 26, 2015, the United States legalised same-sex marriage nationwide. This landmark decision reflected a growing international acceptance of LGBTQ+ rights. Subsequently, on March 24, 2017, Taiwan's constitutional court ruled that the constitutional right to equality necessitated the legal recognition of same-sex marriages, marking a progressive step in Asia.
Judicial Strikedowns of Anti-Gay Laws

Further supporting the challenge, Belize's supreme court struck down a law criminalising sex between members of the same sex on August 10, 2016. More recently, on September 6, 2018, India's supreme court decriminalised gay sex by striking down Section 377 of its penal code, a law similar in nature to Singapore's Section 377A. These judicial decisions in various countries underscore a global trend towards the repeal of laws that criminalise consensual same-sex relations.
Recognition of Rights for Same-Sex Couples

Beyond the decriminalisation of acts and marriage equality, legal developments have also extended to other areas concerning same-sex couples. On July 4, 2018, Hong Kong's top court ruled that the immigration department's refusal to grant dependency visas to same-sex couples was unlawful. This ruling affirmed the rights of same-sex partners in matters of immigration and dependency, further signalling a shift in legal interpretations and protections globally.

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What global legal developments support the challenge to 377A?

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