Recognition of same-sex unions in Singapore

Last updated

Currently, there is no legal recognition of same-sex unions in Singapore. [1]

Contents

Laws regarding homosexuality in Asia
Same-sex sexual activity legal
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Marriage performed
Other type of partnership
Legislation or binding domestic court ruling establishing same-sex marriage, but no supporting legislation has been passed
Legal guardianships or unregistered cohabitation
Limited foreign recognition (residency rights)
No recognition of same-sex couples
Restrictions on freedom of expression
Same-sex sexual activity illegal
Prison but not enforced
Prison
Death penalty on books, but not enforced
Enforced death penalty
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t
e Asia homosexuality laws.svg
Laws regarding homosexuality in Asia
Same-sex sexual activity legal
  Marriage performed
  Other type of partnership
  Legislation or binding domestic court ruling establishing same-sex marriage, but no supporting legislation has been passed
  Legal guardianships or unregistered cohabitation
  Limited foreign recognition (residency rights)
  No recognition of same-sex couples
  Restrictions on freedom of expression
Same-sex sexual activity illegal
  Prison but not enforced
  Prison
  Death penalty on books, but not enforced
  Enforced death penalty

Housing

In Singapore, access to public housing is the biggest benefit granted to married couples and is officially recognized as key pillar of support for relationships. 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.

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 must be above 35 and Singapore 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 both Singaporean and foreign.

Immigration rights

Legal and immigration rights are not awarded to binational couples, where one partner is a Singaporean or Singaporean permanent resident. Dependent visas, which are usually issued for heterosexual spouses, are not available for same-sex couples. Tax rights, wills, and spousal insurance benefits do not include same-sex couples. There is no recognition of same-sex couples in most areas of concern such as hospital visitation and Central Provident Fund benefits.

Public opinion

According to 2013 polling, some 75% of Singaporeans opposed same-sex marriage. [4]

In 2019, a poll conducted by YouGov with 1,033 respondents showed that about one-third (34%) of Singaporeans backed same-sex partnerships, while 43% opposed their 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%). [5] [6] [7] [8]

A survey conducted by the Institute of Policy Studies between August 2018 and January 2019 revealed that Singaporean society was still largely conservative but becoming more liberal on 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). [9] [10]

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 same-sex marriage is not wrong. [11]

In June 2019, an online survey conducted by Blackbox Research revealed that 56% of Singaporeans are opposed to other countries following Taiwan’s example in legalising same-sex marriage, while 44% said “yes”. When asked on how they feel that more than 300 same-sex couples were married in Taiwan the first week after the new law was passed. About 49% of those surveyed felt positive about the statement, with 14% feeling “strongly positive”, while 35% feeling “somewhat positive”. Conversely, 51% responded negatively to that, 20% felt “strongly negative” while 31% were “somewhat negative”. [12]

A poll by Pew Research Center in 2023 found that support for same-sex marriage in Singapore has risen to 45% and opposition has fallen to 51%. 53% of Buddhists, 60% of Hindus and 62% of irreligious people support same-sex marriage. [13]


Government's view

On 21 August 2022, Prime Minister Lee Hsien Loong announced that the Government will repeal Section 377A of the Penal Code, effectively ending criminalisation of sexual relations between men both de facto and de jure. [14] [15] [16] Sex between women has never been criminalised. On 22 August 2022, Home Affairs and Law Minister K. Shanmugam added that the Constitution will 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. [17] Read in conjunction with the Women's Charter, this currently only allows heterosexual marriages. [18]

See also

Related Research Articles

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.

Same-sex marriage is legal in all parts of the United Kingdom. As marriage is a devolved legislative matter, different parts of the United Kingdom legalised at different times; it has been recognised and performed in England and Wales since March 2014, in Scotland since December 2014, and in Northern Ireland since January 2020. Civil partnerships, which offer most, but not all, of the rights and benefits of marriage, have been recognised since 2005. The United Kingdom was the 27th country in the world and the sixteenth 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.

Same-sex marriage has been legal in Greece since 16 February 2024. In July 2023, the re-elected government headed by the New Democracy party announced its intention to legalize same-sex marriage. Legislation was introduced to the Hellenic Parliament on 1 February 2024 and passed on 15 February by 175 votes to 77. The bill was signed into law by President Katerina Sakellaropoulou and took effect upon publication in the Government Gazette on 16 February. Greece was the 16th member state of the European Union, the 21st country in Europe and the 36th in the world to allow same-sex couples to marry.

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.

<span class="mw-page-title-main">LGBT rights in Singapore</span>

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.

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.

Same-sex marriage has been legally recognized in Washington since December 6, 2012. On February 13, 2012, Governor Christine Gregoire signed legislation that established full marriage rights for same-sex couples in the state of Washington. Opponents mounted a challenge that required voters to approve the statute at a referendum, which they did on November 6. The law took effect on December 6, and the first marriages were celebrated on December 9. Within a couple of days, more than 600 marriage licenses were issued to same-sex couples in King County alone.

<span class="mw-page-title-main">LGBT rights in Thailand</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Thailand have several but not all of the same rights as non-LGBT people. Both male and female types of same-sex sexual activity are legal in Thailand, and same-sex marriage rights within the nation are pending legalisation. About eight percent of the Thai population, five million people, are thought to be in the LGBT demographic.

Same-sex marriage has been legal in Scotland since 16 December 2014. As family law is not reserved to the Parliament of the United Kingdom, the Scottish Parliament has legislative competence to make changes to the law on marriage. A same-sex marriage law was approved by the Scottish Parliament in February 2014 and received royal assent on 12 March 2014. It came into effect on 16 December with many civil partners converting their relationships into marriages, while the first same-sex marriage ceremonies occurred on 31 December 2014. Civil partnerships for same-sex couples have been legal in Scotland since 2005.

<span class="mw-page-title-main">Recognition of same-sex unions in Europe</span> Legal recognition of same-sex relationships in Europe

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.

Vietnam does not recognize same-sex marriages, civil unions, domestic partnerships, unregistered cohabitation, or any other form of recognition for same-sex couples. Article 36(1) of the 2013 Constitution of Vietnam states that "marriage must adhere to the principles of voluntariness, progressiveness, monogamy, and equality between husband and wife."

Cambodia does not recognize same-sex marriage or civil unions, but does recognize a registry program known as the "declaration of family relationship" offering limited legal rights to same-sex couples. As of June 2021, the registry has been introduced in 68 communes. Same-sex marriage has received support from King Norodom Sihamoni and his late father, King Norodom Sihanouk.

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 age 60.

Bulgaria does not recognize same-sex marriage or civil unions. Though these issues have been discussed frequently over the past few years, no law on the matter has passed the National Assembly. In September 2023, the European Court of Human Rights ordered the government to establish a legal framework recognizing same-sex unions.

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 21st country in the world and the thirteenth in Europe to allow same-sex couples to marry nationwide.

South Korea does not recognize same-sex marriage, civil unions or any other form of legal union for same-sex couples. On 21 February 2023, an appellate court ruled that government health insurance should offer spousal coverage to same-sex couples, the "first legal recognition of social benefits for same-sex couples" in South Korea.

<span class="mw-page-title-main">Muhamad Faisal Manap</span> Singaporean politician

Muhamad Faisal bin Abdul Manap is a Singaporean politician. A member of the opposition Workers' Party (WP), he has been the Member of Parliament (MP) representing the Kaki Bukit division of Aljunied GRC since 2011 and has been serving as Vice-Chairman of the WP since 2016.

<span class="mw-page-title-main">Recognition of same-sex unions in Asia</span>

Debate has occurred throughout Asia over proposals to legalize same-sex marriage as well as civil unions.

Thailand does not recognize same-sex marriages, civil unions, domestic partnerships, unregistered cohabitations, or any other form of same-sex unions. Several bills for civil partnerships and same-sex marriage have been introduced and approved by the Thai cabinet since 2012 but failed to pass parliament.

References

  1. "Women's Charter". Section 12, Ordinance No. 18 of 15 September 1961. Legislative Assembly of Singapore.
  2. "Singapore's home sales approach record high_English_Xinhua". 4 November 2012. Archived from the original on 4 November 2012. Retrieved 27 September 2022.
  3. "LGBTQ+ guide: Things you should know about buying an HDB flat". AsiaOne. 28 August 2021. Retrieved 27 September 2022.
  4. "Wear white to protest pink gay rally, religious groups say". Reuters. 23 June 2014. Archived from the original on 21 November 2015. Retrieved 2 November 2015.
  5. Ho, Kim (18 February 2019). "Singaporeans split on same-sex civil partnerships". YouGov. Archived from the original on 25 February 2019. Retrieved 25 February 2019.
  6. Glauert, Rik (19 February 2019). "A third of Singaporeans support same-sex civil partnership". Gay Star News. London. Archived from the original on 25 February 2019. Retrieved 25 February 2019.
  7. "Singaporeans remain deeply divided on the issue of recognizing gay civil partnerships here". Yahoo! News. 19 February 2019. Archived from the original on 25 February 2019. Retrieved 25 February 2019.
  8. "Singaporeans remain deeply divided on the issue of recognizing gay civil partnerships here". Coconuts Singapore. 19 February 2019. Archived from the original on 25 February 2019. Retrieved 25 February 2019.
  9. "Greater public acceptance of gay sex and marriage: Survey". The Straits Times. Singapore. 3 May 2019. Archived from the original on 5 June 2019. Retrieved 5 June 2019.
  10. Yuen-C, Tham (2 May 2019). "Singapore society still largely conservative but becoming more liberal on gay rights: IPS survey". The Straits Times. Singapore. Archived from the original on 5 June 2019. Retrieved 5 June 2019.
  11. Beh Lih Yi (2 May 2019). "Support for gay rights seen growing in Singapore". Reuters. Archived from the original on 2 May 2019. Retrieved 2 May 2019.
  12. "56% of Singaporeans opposed to more countries following Taiwan on same-sex marriages: survey". sg.news.yahoo.com. Archived from the original on 26 July 2019. Retrieved 26 July 2019.
  13. Lim, Ida (12 September 2023). "Pew survey: Eight in 10 Malaysians oppose same-sex marriage, local Buddhists most supportive". Malay Mail. Retrieved 9 November 2023.
  14. Yuen-C, Tham (21 August 2022). "NDR 2022: Govt will repeal Section 377A, decriminalise sex between men". www.straitstimes.com. Retrieved 21 August 2022.
  15. "Singapore will decriminalize sex between men, prime minister says". Reuters. 21 August 2022. Retrieved 21 August 2022.
  16. Sim, Dewey (21 August 2022). "Singapore to lift ban on gay sex, amend constitution to ban marriage equality". South China Morning Post. Retrieved 21 August 2022.
  17. Yuen-C, Tham (22 August 2022). "Section 377A: Constitution will be amended to protect Parliament's right to define marriage, says Shanmugam". www.straitstimes.com. Retrieved 22 August 2022.
  18. Hui Min, Chew (27 November 2022). "CNA Explains: How does Article 156 in the Constitution 'protect' marriage?". CNA. Mediacorp. Retrieved 28 February 2024.