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Singapore high court dismisses challenges to sodomy law

Advocacy groups expressed disappointment over decision

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Singapore, gay news, Washington Blade
(Public domain photo)

Singapore’s highest court on Monday upheld a lower court’s decision to dismiss three challenges to a law that criminalizes sexual relations between men.

While delivering the judgment, given by a bench of five judges, Chief Justice Sundaresh Menon of the Singapore Court of Appeal said that the appeals are not about “whether (Section) 377A (of the penal code) should be retained or repealed, that being a matter beyond our remit.”

“Nor are they about the moral worth of homosexual individuals,” said Menon. “In the words of our prime minister, Mr. Lee Hsien Loong, homosexual individuals are ‘part of our society’ and ‘our kith and kin.'”

The appeal court went ahead and said the appeals are also “not about the fundamental nature of sexual orientation, whether immutable or not, which is an extra-legal question well beyond the purview of the courts.”

The court also suggested that political resolution of the issue is more appropriate than litigating it. The chief justice said that the advantage of the political process is its ability to accommodate divergent interests and opinions, while litigation is “not a consultative or participatory process.”

“This is so for good reason because litigation is a zero-sum, adversarial process with win-lose outcomes,” said Menon. “The political process, in contrast, seeks to mediate ā€” it strives for compromises and consensus in which no one side has to lose all.”

The chief justice also said that it is “unnecessary” for the court to address a constitutional issue.

“They do not face any real and credible threat of prosecution under 377A at this time,” said Menon while delivering the judgment. “Therefore, (they) do not have the standing to pursue their constitutional challenges to that provision.”

“We, as organizations advocating for LGBTQ+ equality in Singapore, are disappointed with the Court of Appealā€™s landmark ruling on Section 377A, which comes as a setback for all who were hoping for a resounding conclusion to this decades-long fight for equality,” said Ready4Repeal, a Singapore-based LGBTQ rights group, in a press release. “Despite recognizing the current situation as deeply unsatisfactory for the LGBTQ+ community, the Court of Appeal has still decided to retain the law, albeit with legal assurances on its unenforceability.”

Last year, three men, DJ Johnson Ong Ming, retired general practitioner Roy Tan Seng Kee, and Bryan Choong Chee Hoong, the former executive director of Oogachaga, an LGBTQ non-profit organization, decided to appeal against a Supreme Court’s decision to dismiss their cases against Section 377A.

“While this is a small step in the right direction, this simply does not go far enough to provide real protection to the LGBTQ+ community, who continue to be impacted by the cascading effects of Section 377A,” said Ready4Repeal. “The judges themselves acknowledged that even with the assurance of unenforceability, homosexual men will still be left open to police investigations as if a crime had been committed.”

Ready4Repeal started a petition in 2018 to pressurize the Singaporean government on repealing the colonial-era law. The petition has received 51,047 online signatures.

Section 377A is a highly debated law in Singapore that prohibits sexual relationships between two men. According to the law, any man in public or private who commits an act of gross indecency with another male shall be punished with to years in prison.

Last year, Home Minister Affairs K Shanmugam said that everyone in Singapore will be protected regardless of community and social, religious, or sexual beliefs. He also said that the government’s position is clear. He also said that amendments to the Maintenance of Religious Harmony Act make it an offense to urge violence on the grounds of religion or religious belief against any person or group.

Finance Minister Lawrence Wong last year reiterated that different sections of the society have valid concerns, and it needs to be addressed.

“Tribalism is inherently exclusionary, and itā€™s based on mutual hate: ‘us’ versus ‘them,’ ‘friend’ vs ‘foe,'” said Wong. “Once this sort of tribal identity takes root, it becomes difficult to achieve any compromise. Because when we anchor our politics on identity, any compromise seems like dishonor.”

Ankush Kumar (Mohit) is a freelance reporter, who has covered many stories for Washington Blade and Los Angeles Blade from Iran, India, and Singapore. Recently covered story for The Daily Beast. He can be reached atĀ [email protected]. He is on Twitter at @mohitkopinion.

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Thailand

Thailand marriage equality law takes effect

Country is first in Southeast Asia to allow same-sex couples to marry

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(Public domain photo)

A law that extends marriage rights to same-sex couples in Thailand took effect on Thursday.

Media reports indicate hundreds of same-sex couples tied the knot across the country once the law took effect. The Bangkok Post reported Bangkok Pride and authorities in the Thai capital organized a mass wedding that took place at a shopping mall.

“Today, the rainbow flag is proudly flying over Thailand,” said Prime Minister Paetongtarn Shinawatra on X.

Thai lawmakers last year approved the marriage equality bill. King Maha Vajiralongkorn signed it last September.

Thailand is the first country in Southeast Asia to extend marriage rights to same-sex couples.

Same-sex couples can legally marry in Taiwan and Nepal.

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India

India hotel chain policy allows for cancellation of unmarried couples’ reservations

OYO Rooms issued directive on Jan. 9, requires proof of relationship

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(Photo by Postmodern Studio/Bigstock)

Traveling in India is becoming increasingly challenging for unmarried couples, with LGBTQ partners facing even greater hurdles.

OYO Rooms, a major hospitality chain, on Jan. 9 issued a directive to its partner hotels in Meerut, a city that is 50 miles from New Delhi, that allows them to refuse to allow unmarried couples to make reservations.

The chain now requires all couples to present valid proof of their relationship at check-in, even for online bookings. The company stated the decision aligns with local social sensibilities and hinted that the policy might be expanded to other cities based on feedback from the ground.

OYO, which partners with more than half a million hotels across India, operates not only within the country but also in other parts of Asia, the U.S., and Europe. According to sources familiar with the policy change, the company previously received feedback from civil society groups, particularly in Meerut, urging action on this issue. Residents from other cities have also petitioned to disallow unmarried couples from booking rooms in OYO hotels.

OYO and other budget hotel chains for years have been perceived in India as safe spaces for couples seeking privacy. This policy change, however, has sparked criticism online. Many view it as a departure from the brand’s long-standing image as a haven for unmarried couples. In a society where many couples struggle to find private spaces at home or elsewhere, this move has drawn backlash for restricting access to affordable accommodation.

LGBTQ couples, who often rely on OYO and other budget hotels for privacy, may feel the impact of this decision more acutely.

The Supreme Court in 2023 ruled LGBTQ people have the right to form relationships without discrimination, but it also ruled against marriage rights for same-sex couples. OYO’s policy, and others like it, further limit the availability of same spaces for them as they continue to face marginalization.

India in 2023 welcomed approximately 9.23 million foreign tourists, an increase from 7 million in 2021, though still below the pre-pandemic peak of 10.93 million in 2019. While there are no specific records for LGBTQ tourists, the International Gay and Lesbian Travel Association. Restrictive policies like OYO’s directive, however, could create difficulties for LGBTQ travelers seeking budget accommodations.

“OYO is committed to upholding safe and responsible hospitality practices,” said OYO North India Region Head Pawas Sharma in a statement to Press Trust of India. “While we respect individual freedoms and personal liberty, we also recognize our responsibility to listen to and work with law enforcement and civil society groups in the micro-markets we operate in. We will continue to review this policy and its impact periodically.”

The multinational company claims to be reshaping outdated perceptions by presenting itself as a brand that offers safe experiences for families, students, business travelers, religious pilgrims, and solo travelers.

A survey that Booking.com conducted in 2023 found, 91 percent of LGBTQ travelers in India prioritized their personal safety and well-being when choosing travel destinations, a notable increase from 70 percent in the previous year.

“I am surprised OYO is doing this,” said Kalki Subramaniam, a global transgender activist, artist, and founder of the Sahodari Foundation, an organization that supports trans people in India. “What are they trying to establish through this moral code? Do they really care about every customer? If so, how can they introduce something like this? I would like to know what their stance on LGBTQ rights is.”

The Washington Blade made multiple attempts to contact OYO founder Ritesh Agarwal and his company for comment, but has received no response.

Sudhanshu Latad, advocacy manager at Humsafar Trust, a prominent LGBTQ organization in India, expressed uncertainty about the policyā€™s impact on the LGBTQ community.

“Two boys in India are not considered married anyway, so if two boys book a hotel room together, no one usually bothers unless one is feminine or gives off a hint,” Latad said. “However, for a trans woman and a man, it could be a challenge.”

Latad referenced the Supreme Court’s 2023 marriage equality ruling, which allows trans people who fit into the binary system of gender to legally marry.

“Affluent transgender couples may choose bigger hotels, which are less of a challenge, but economically marginalized individuals often end up paying bribes to hotel staff at budget hotels like OYO Rooms,” he added.

Latad further explained that tourists can generally be divided into two categories: Affluent leisure travelers who prefer luxury hotels, and backpackers.

“If backpackers are gay white men, they usually face no trouble securing a room,” he said. “OYO’s policy, however, seems discriminatory towards heterosexual unmarried couples.”

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India

Indian Supreme Court rejects marriage equality ruling appeals

Judges ruled against full same-sex relationship recognition in 2023

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The Indian Supreme Court (Photo by TK Kurikawa via Bigstock)

The Indian Supreme Court on Jan. 9 rejected a series of petitions that challenged its 2023 ruling against marriage equality

A 5-judge bench ā€” Justices Bhushan Ramkrishna Gavai, Surya Kant, Bengaluru Venkataramiah Nagarathna, Pamidighantam Sri Narasimha, and Dipankar Datta ā€” said there were no errors in the ruling that justified a review.

five-judge Supreme Court bench, led by Chief Justice Dhananjaya Yeshwant Chandrachud, on Oct. 17, 2023, in a 3-2 decision ruled against recognizing the constitutional validity of same-sex marriages in India.

The court emphasized it is parliament’s rule to decide whether to extend marriage rights to same-sex couples. It also acknowledged its function is limited to interpreting laws, not creating them.

The judges on Jan. 9 stated they had reviewed the original rulings.

“We do not find any error apparent on the face of the record,” they said. “We further find that the view expressed in both the judgments is in accordance with law and as such, no interference is warranted. Accordingly, the review petitions are dismissed.ā€

A new bench of judges formed on July 10, 2024, afterĀ Justice Sanjiv KhannaĀ unexpectedly recused himself from hearing the appeals, citing personal reasons. The reconstituted bench included Narasimha, who was part of the original group of judges who delivered the ruling.

“The fact that we have lost is a comma and not a full stop for equality,” said Harish Iyer, a prominent LGBTQ rights activist in India and one of the plaintiffs of marriage equality case. “The admission of review petitions is a rarity, and while we will proceed with all legal recourses available this is not the only fight.”

Some of the plaintiffs in November 2023 appealedĀ the Supreme Court’s original decision. Udit Sood and other lawyers who had represented them in the original marriage equality case filed the appeal.

The appeal argued the ruling contained “errors apparent on the face of the record,” and described the earlier ruling as “self-contradictory and manifestly unjust.” It criticized the court for acknowledging the plaintiffs face discrimination, but then dismissing their claims with “best wishes for the future,” contending this approach fails to fulfill the court’s constitutional obligations toward queer Indians and undermines the separation of powers envisioned in the constitution. The appeal also asserted the majority ruling warrants review because it summarily dismissed established legal precedents and made the “chilling declaration” that the constitution does not guarantee a fundamental right to marry, create a family, or form a civil union.

While speaking to the Washington Blade, Iyer said this setback is a reminder that our futures can be shaped by collaboration and numerous small victories along the way.

“We will have a multi-pronged approach,” he said. “We need to speak to parents groups, teachers, police personnel, doctors, and medical staff, news reporters, podcasters, grassroots activists, activists from allied movements, our local/state and national level elected representatives. We all need to do our bit in our circle of influence. These small waves will create a force that will help us propel toward marriage equality.”

Iyer told the Blade he is confident the community will achieve marriage equality within his lifetime, offering assurance to every queer individual.

“I just hope that I am not too old to find someone to marry with by then.”

As per the Supreme Court’s rules, a ruling is reviewed only if there is a mistake or error apparent on the face of the record, the discovery of new evidence, or any reason equivalent to these two. Justices typically consider appeals without oral arguments, circulating them among themselves in chambers. The same set of justices who issued the original ruling typically rules on the appeal. In this case, however, Justices Sanjay Kishan Kaul and S. Ravindra Bhat, and Chandrachud, who were part of the original bench, had retired.

Souvik Saha, founder of Jamshedpur Queer Circle, an LGBTQ organization that conducts sensitization workshops with law enforcement and local communities, described the Supreme Court’s refusal to hear the appeal as not just a legal setback, but a significant blow to the hopes of millions of LGBTQ people across India. He said the decision perpetuates a sense of exclusion, denying the community the constitutional promise of equality under Article 14 and the right to live with dignity under Article 21.

“This decision comes at a time when global momentum on marriage equality is growing,” said Saha, noting Taiwan and more than 30 other countries around the world have extended marriage rights to same-sex couples. “The lack of recognition in India, despite the 2018 Navtej Johar judgement ā€” decriminalizing homosexuality, leaves the LGBTQ community in a vulnerable position.”

Saha further noted in Jharkhand, a state in eastern India where socio-cultural stigmas run deep, the Supreme Court’s refusal highlights the fight for equality is far from over.

He shared the Jamshedpur Queer Circle recently supported a young lesbian couple who were disowned by their families and faced threats when attempting to formalize their relationship. Saha stressed that without legal safeguards, such couples are left without recourse, underscoring the urgent need for marriage equality to ensure protection and recognition for LGBTQ people.

“While the decision delays progress, it cannot halt the movement for equality,” said Saha. “Marriage equality is inevitable in a country where nearly 60 percent of Indians aged 18-34 believe that same-sex couples should have the right to marry (Ipsos LGBT+ Pride Survey, 2021.) This ruling highlights the need to shift our advocacy strategy towards building a stronger case for social and political change.”

Saha proposed several calls to action and strategies for moving forward.

He emphasized to the Blade the need for mobilizing the community through state-level consultations and storytelling campaigns to humanize the issue of marriage equality. Saha also highlighted the importance of developing stronger petitions, supported by case studies, international precedents, and data to effectively address judicial concerns.

Saha suggested working with allies in civil society and corporate India to push for incremental changes. He advocated for engaging policymakers in dialogue to promote legislative reforms, emphasizing the economic benefits of inclusion. Saha also called for campaigns to counter misinformation and prejudice, while establishing counseling and support groups for LGBTQ people and their families that provide guidance and support.

“Legal recognition of marriage is not just about ceremony; it is about the basic rights, dignity, and respect that every individual deserves,” said Saha. “Together, through collective action, we will ensure that the arc of justice bends in our favor.”

Indrani Chakraborty, an LGBTQ activist and mother of Amulya Gautam, a transgender student from Guwahati in Assam state, described the Supreme Court’s appeal denial as an “insensitive approach.”

“Love and commitment are emotions that can never be under boundaries. Rejection of same-sex marriage is an oppressive approach towards the LGBTQI+ community,” said Chakraborty. “This is discrimination. Marriage provides social and legal security to the couple and that should be irrespective of gender. Same-sex relationships will be there as always even with or without any constitutional recognition. The fight should go on, as I believe, this validates the intention. The community needs to stand bold, and equality be achieved.”

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