Part of the LGBT rights series |
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Singapore does not recognise same-sex marriages or civil unions. [1] In 2022, the Parliament of Singapore passed a constitutional amendment giving itself "the power to define, regulate, protect and promote the institution of marriage".
Access to public housing in Singapore is an important benefit granted to married couples. Public housing is the most affordable type of housing for the middle and working class due to the high price of housing in Singapore. [2] Purchasing a Housing Development Board (HDB) flat is a major step towards married life for almost all couples intending to formalize their relationship and is entrenched in Singapore society. Upwards of 80% of Singaporean families live in public housing apartments sold by the government. However, same-sex couples in Singapore, whether citizens or foreigners, cannot own their own homes through the public housing scheme, and many rent as they are unable to afford private housing. Same-sex partners—both partners must be above 35 years of age and Singaporean citizens—can purchase a flat under the Joint Singles Scheme. [3] Private housing, a type of property typically several times more expensive than public housing, but open to the public and foreigners, may be purchased by same-sex couples.
The Government of Singapore does not recognise same-sex unions validly performed abroad. As a result, dependent visas, which are usually issued for heterosexual spouses, are not available to same-sex couples. Same sex dependent partners have to apply for a residence permit on their own merit. [4] Additionally, same-sex couples are not afforded equal tax benefits, wills and spousal insurance benefits as different-sex couples. There is also no recognition of same-sex unions in most areas of concern such as hospital visitation and Central Provident Fund benefits.
On 21 August 2022, Prime Minister Lee Hsien Loong announced that the government would repeal Section 377A of the Penal Code, effectively ending the criminalisation of private, consensual sexual relations between men. [5] [6] [7] On 22 August 2022, Minister of Home Affairs and Law K. Shanmugam added that the Constitution of Singapore would be amended to "protect" Parliament's right to define marriage instead of the judiciary, leaving open the possibility for Parliament to legalise same-sex marriages or civil unions through a simple majority. [8] Shanmugam clarified that a definition of marriage would not be enshrined in the Constitution, stating that "any political party or group that wants to push for same-sex marriage will be able to do so." [8]
On 20 October 2022, the government tabled a draft constitutional amendment giving Parliament "the power to define, regulate, protect and promote the institution of marriage". It was debated in the Parliament on 28 November along with a bill repealing Section 377A, and passed on 29 November 2022. [9] The law was signed by President Halimah Yacob on 27 December 2022 and published in the Republic of Singapore Government Gazette on 6 January 2023. [10] Due to this constitutional amendment, and the precedent set by the Women's Charter (Malay : Piagam Wanita; Chinese :妇女宪章, [11] Fùnǚ Xiànzhāng; Tamil : மாதர் சாசனம், [12] Mātar Cācaṉam) stating that marriage not between "a woman and man" is void, only opposite-sex marriages are recognised in Singapore. [13]
Article 156 of the Constitution now reads: [10]
(1) The Legislature may, by law, define, regulate, protect, safeguard, support, foster and promote the institution of marriage.
(2) Subject to any written law, the Government and any public authority may, in the exercise of their executive authority, protect, safeguard, support, foster and promote the institution of marriage.
(3) Nothing in Part 4 invalidates a law enacted before, on or after the date of commencement of the Constitution of the Republic of Singapore (Amendment No. 3) Act 2022 by reason that the law —
- (a) defines marriage as a union between a man and a woman; or
- (b) is based on such a definition of marriage.
(4) Nothing in Part 4 invalidates an exercise of executive authority before, on or after the date of commencement of the Constitution of the Republic of Singapore (Amendment No. 3) Act 2022 by reason that the exercise is based on a definition of marriage as a union between a man and a woman.
In June 2024, a same-sex couple, Andee Chua, 34, and Hugo Liu, 37, held a marriage ceremony in the Central Area, though the marriage lacks legal recognition. [14] "Celebrating our wedding here allows us to share this special moment with the people we love in the place that feels like home. By having our wedding in Singapore, we are contributing to the visibility of same-sex relationships. Visibility and positive representation are very important to our community since we don't get much of that in mainstream media.", said the couple.
According to a 2013 survey by the Institute of Policy Studies, some 75% of Singaporeans opposed same-sex marriage. [15] A survey conducted by the same polling organization between August 2018 and January 2019 revealed that Singaporean society was still largely conservative but becoming more supportive of LGBT rights. The survey showed that more than 20% of people said that sexual relations between adults of the same sex were not wrong at all or not wrong most of the time, a rise of about 10% from 2013. Around 27% felt the same way about same-sex marriage (up from 15% in 2013) and 30% did so about same-sex couples adopting a child (up from 24% in 2013). [16] [17]
In 2019, a poll conducted by YouGov showed that 34% of Singaporeans supported same-sex civil partnerships, while 43% opposed its legalization, and the remaining 23% were uncertain. Support was more notable among younger respondents: 50% of people aged 18 to 34 supported civil partnerships and 20% were opposed. In contrast, only 22% of those aged 55 and over supported. 41% of university degree holders agreed with the legalisation of same-sex partnerships, whereas only 26% of respondents without a university degree were in favour. Of those who considered themselves "very much" religious, only 23% supported civil partnerships. 51% of people who considered themselves "not at all" religious expressed support. Apart from irreligious people, majority support for same-sex partnerships was also found in respondents who identified as LGBT (71% against 22%) and those who personally knew a person in a same-sex relationship (52% against 33%). [18] [19] [20] [21]
A mid-2019 poll conducted by the Institute of Policy Studies found that opposition to same-sex marriage in Singapore had fallen to 60%, down from 74% in 2013. The poll also found that nearly six in ten Singaporeans aged between 18 and 25 believed that same-sex marriage was not wrong. [22] In June 2019, an online survey conducted by Blackbox Research revealed that 56% of Singaporeans were opposed to other countries following Taiwan's example in legalising same-sex marriage, while 44% were supportive. When asked on how they felt that more than 300 same-sex couples had married in Taiwan in the first week after the new law was passed, about 49% of those surveyed felt positive about the statement, with 14% feeling "strongly positive" and 35% feeling "somewhat positive". Conversely, 51% responded negatively, with 20% feeling "strongly negative" and 31% "somewhat negative". [23]
A June–September 2022 Pew Research Center poll found that support for same-sex marriage in Singapore had risen to 45% and opposition had fallen to 51%. Support was highest among the religiously unaffiliated at 62%, Hindus at 60% and Buddhists at 53%, but lowest among Christians at 29% and Muslims at 21%. [24] This level of support was the fourth highest among the six Southeast Asian countries polled, behind Vietnam at 65%, Thailand at 60% and Cambodia at 57%, but ahead of Malaysia at 17%, and Indonesia at 5%. [25]
A June 2024 Ipsos poll found an increase in support for LGBT rights, with 54% of Singaporeans agreeing that same-sex couples should be able to marry or have legal recognition, while 25% disagreed and 21% were neutral. In addition, 57% of Singaporeans agreed that they should be able to adopt, while 30% disagreed and 13% were neutral. [26]
Same-sex marriage has been legal in Ireland since 16 November 2015. A referendum on 22 May 2015 amended the Constitution of Ireland to provide that marriage is recognised irrespective of the sex of the partners. The measure was signed into law by the President of Ireland, Michael D. Higgins, as the Thirty-fourth Amendment of the Constitution of Ireland on 29 August 2015. The Marriage Act 2015, passed by the Oireachtas on 22 October 2015 and signed into law by the Presidential Commission on 29 October 2015, gave legislative effect to the amendment. Same-sex marriages in Ireland began being recognised from 16 November 2015, and the first marriage ceremonies of same-sex couples in Ireland occurred the following day. Ireland was the eighteenth country in the world and the eleventh in Europe to allow same-sex couples to marry nationwide.
The Czech Republic has offered registered partnerships for same-sex couples since 1 July 2006. Registered partnerships grant several of the rights of marriage, including inheritance, the right to declare a same-sex partner as next of kin, hospital visitation rights, jail and prison visitation rights, spousal privilege, and alimony rights, but do not allow joint adoption, widow's pension, or joint property rights. The registered partnership law was passed in March 2006 and went into effect on 1 July 2006. The country also grants unregistered cohabitation status to "persons living in a common household" that gives couples inheritance and succession rights in housing.
There is a long history of lesbian, gay, bisexual, and transgender activity in Singapore. Male homosexuality was outlawed under British rule, despite being acknowledged among the local population. Following Japanese occupation during World War II and the country gaining independence, homosexuality and transvestism were visible as a street scene, and from the 1970s were catered for in some nightclubs. In that decade also, Singapore became a centre of gender-reassignment surgery.
Section 377A was a Singaporean law that criminalised sex between consenting adult males. It was introduced under British colonial rule in 1938 when it was added to the Penal Code by the colonial government. It remained a part of the Singapore body of law after the Penal Code review of 2007 which removed most of the other provisions in Section 377. It was subsequently repealed in its entirety in 2023.
The rights of lesbian, gay, bisexual, and transgender (LGBT) people in Singapore have evolved over the decades. Same-sex sexual activity is legal for both males and females; for men it was officially legalised in 2022 after being de facto decriminalised since 2007, and for women it was always legal. Prior to 2022, same-sex sexual activity between males was de jure illegal under the British colonial-era Section 377A of the Penal Code. The law had been de facto unenforced for decades. In February 2022, the Court of Appeal in the Supreme Court reaffirmed that 377A cannot be used to prosecute men for having sex with other men, and that it is "unenforceable in its entirety". Transgender rights in the country are also progressive in the region, which included Singapore being the first country in Asia to legalise sex reassignment surgery in 1973.
Same-sex marriages are not performed in Aruba, Curaçao, or Sint Maarten, which are constituent countries of the Kingdom of the Netherlands. The islands were obliged after several court rulings to register any marriage registered in the Kingdom, but this primarily considers residency rights, and they do not have to give same-sex marriages the same legal effect as opposite-sex marriages. Marriage in the European territory of the Netherlands, as well as in the Caribbean municipalities of Bonaire, Sint Eustatius and Saba, is open to any two people irrespective of sex.
Lesbian, gay, bisexual, and transgender (LGBT) rights in the Republic of Ireland are regarded as some of the most progressive in Europe and the world. Ireland is notable for its transformation from a country holding overwhelmingly conservative attitudes toward LGBT issues, in part due to the opposition by the Roman Catholic Church, to one holding overwhelmingly liberal views in the space of a generation. In May 2015, Ireland became the first country to legalise same-sex marriage on a national level by popular vote. The New York Times declared that the result put Ireland at the "vanguard of social change". Since July 2015, transgender people in Ireland can self-declare their gender for the purpose of updating passports, driving licences, obtaining new birth certificates, and getting married. Both male and female expressions of homosexuality were decriminalised in 1993, and most forms of discrimination based on sexual orientation are now outlawed. Ireland also forbids incitement to hatred based on sexual orientation. Article 41 of the Constitution of Ireland explicitly protects the right to marriage irrespective of sex.
Lithuania does not recognise same-sex marriages or civil unions. A bill to grant same-sex couples some limited legal rights and benefits is pending in the Seimas.
The legal status of same-sex marriage has changed in recent years in numerous jurisdictions around the world. The current trends and consensus of political authorities and religions throughout the world are summarized in this article.
Same-sex marriage has been legal in Australia since 9 December 2017. Legislation to allow it, the Marriage Amendment Act 2017, passed the Parliament of Australia on 7 December 2017 and received royal assent from Governor-General Peter Cosgrove the following day. The law came into effect on 9 December, immediately recognising overseas same-sex marriages. The first same-sex wedding under Australian law was held on 15 December 2017. The passage of the law followed a voluntary postal survey of all Australians, in which 61.6% of respondents supported legalisation of same-sex marriage.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Latvia have expanded substantially in recent years, although LGBT people still face various challenges not experienced by non-LGBT residents. Both male and female types of same-sex sexual activity are legal in Latvia, but households headed by same-sex couples are ineligible for the same legal protections available to opposite-sex couples. Since May 2022, same-sex couples have been recognized as "family" by the Administrative District Court, which gives them some of the legal protections available to married (opposite-sex) couples; as of 2023 November, around 40 couples have been registered via this procedure. In November 2023 a registered partnership law was passed. These partnerships are available to both same and different sex couples, however registered partners do not have the same rights of marriage. Nevertheless, same-sex couples are unable to marry or jointly adopt.
Lesbian, gay, bisexual, and transgender (LGBT) rights are widely diverse in Europe per country. 22 of the 38 countries that have legalised same-sex marriage worldwide are situated in Europe. A further 11 European countries have legalised civil unions or other forms of recognition for same-sex couples.
Hungary has recognized registered partnerships since 1 July 2009, offering same-sex couples nearly all the rights and benefits of marriage. Unregistered cohabitation for same-sex couples was recognised and placed on equal footing with the unregistered cohabitation of different-sex couples in 1996. However, same-sex marriage is prohibited by the 2011 Constitution of Hungary, which took effect in January 2012.
Debate has occurred throughout Europe over proposals to legalise same-sex marriage as well as same-sex civil unions. Currently 33 of the 50 countries and the 8 dependent territories in Europe recognise some type of same-sex union, among them most members of the European Union (24/27). Nearly 43% of the European population lives in jurisdictions where same-sex marriage is legal.
Japan does not recognize same-sex marriages or civil unions. Several municipalities and prefectures issue same-sex partnership certificates, which provide some benefits, but do not offer equal legal recognition. Most polls conducted since 2013 have found that a majority of Japanese people support the legalization of same-sex marriage or partnerships, and a 2018 poll found it supported by an overwhelming majority of those under the age of 60.
Slovakia does not recognise same-sex marriage or civil unions. However, there is some limited legal recognition for unregistered cohabiting same-sex couples, notably with regard to inheritance rights. The Constitution of Slovakia has limited marriage to opposite-sex couples since 2014, and bills to allow same-sex civil partnerships have been introduced several times, most recently in 2023, but have all been rejected.
Cyprus has recognised same-sex unions since 9 December 2015. Legislation to establish civil cohabitations was approved by the Cypriot Parliament on 26 November 2015, and took effect on 9 December upon publication in the government gazette.
Same-sex marriage has been legal in Malta since 1 September 2017 following the passage of legislation in the Parliament on 12 July 2017. The bill was signed into law by President Marie-Louise Coleiro Preca on 1 August 2017. On 25 August 2017, the Minister for Equality, Helena Dalli, issued a legal notice to commence the law on 1 September. Malta was the first European microstate, the 21st country in the world and the thirteenth in Europe to allow same-sex couples to marry nationwide. In 2024, Malta was named one of the best marriage destinations for same-sex couples by a British wedding planning website, and polling suggests that a majority of Maltese people support the legal recognition of same-sex marriage.
Same-sex marriage has been legal in Tennessee since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015. Governor Bill Haslam quickly announced that the state would abide by the court's decision, and same-sex couples began to marry in Tennessee. Previously, Tennessee had banned same-sex marriage both by statute and its State Constitution.
Same-sex marriage has been legal in Virginia since October 6, 2014, following the decision of the U.S. Supreme Court not to hear an appeal of the Fourth Circuit Court of Appeals' ruling in Bostic v. Schaefer. Same-sex marriages subsequently began at 1:00 p.m. on October 6 after the Fourth Circuit issued its mandate, and since then Virginia has performed legal marriages of same-sex couples and recognized out-of-state same-sex marriages. Previously, the state had passed a statute prohibiting same-sex marriage in 1975, and further restrictions were added in 1997 and 2004, which made "void and unenforceable" any arrangements between same-sex couples bestowing the "privileges or obligations of marriage". Voters approved an amendment to the Constitution of Virginia reinforcing the existing laws in 2006. On January 14, 2014, a U.S. district court judge ruled in Bostic that Virginia's statutory and constitutional ban on the state recognition of same-sex marriages were unconstitutional, a decision upheld by the Fourth Circuit on July 28, 2014.