Why does Brunei prohibit gay sex despite no discrimination claims?

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Brunei's Prohibition of Gay Sex Based on Societal Values, Not Discrimination Claims

Brunei maintains that it does not discriminate against individuals based on sexual orientation, despite its prohibition of gay sex. This stance is articulated as a measure to safeguard the nation's religious, traditional, and societal values, rather than to target individuals for their orientation.
Protection of National Values Cited as Rationale

The prohibition of gay sex in Brunei is explained by the deputy foreign minister, Dato Erywan Mohn Yusof, as a necessary step to protect the country's "religion, tradition and social fabric and values." This explanation suggests that the law targets specific acts deemed contrary to these foundational principles, rather than discriminating against individuals based on their personal identity or orientation. He further stated that individuals in Brunei, irrespective of their sexual orientation, are free to live and pursue their activities in their private spaces without facing discrimination.
Sharia Penal Code and its Enforcement

The implementation of the Sharia Penal Code Order in April introduced stringent penalties, including death by stoning for gay sex and adultery, and amputation for theft. However, the Sultan of Brunei announced that the death penalty measures would not be enforced. This announcement, while providing some relief, has not fully allayed concerns from international bodies. Diplomats from Canada, European states, Latin American states, and the United States have expressed apprehension regarding Brunei's human rights record and the broader implications of sharia law's full implementation, particularly concerning potential contraventions of international human rights obligations.
Context of Sharia Law in Brunei

Brunei is unique in East and Southeast Asia for having sharia law at the national level, a system that was expanded upon with the penal code order announced in 2013. While the country asserts that its laws do not criminalise individuals based on sexual orientation, the existence of legislation that prohibits specific acts related to sexual orientation has led to concerns about potential discrimination against the LGBT community. Gay Bruneians, while relieved by the moratorium on the death penalty, have voiced that the law still fosters an environment that can encourage discrimination.

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Why does Brunei prohibit gay sex despite no discrimination claims?

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