The Singapore’s Court of Appeal gave a stunning and unexpected response
against the high court ruling that had dismissed the attempt to challege
the constitutionality of 377a. In particular, it said s377a is of public
interest to be addressed by the courts.
"...Such persons might plausibly assert that the continued existence of s
377A in our statute books causes them to be unapprehended felons in the
privacy of their homes. The constitutionality or otherwise of s 377A is
thus of real public interest."
Essentially there is a arguable case that 377a was against article 12
whereby all persons are equal before the law and have equal protection
of the law. Most pertinent was that the 377a was unfairly targeted
against gay males in private giving them no personal liberty.
The comprehesive 100 page response was brilliant in its argument to
state clearly that s.377a was argubably against the constitution and it
gives space for the courts to strike down 377a but also a stepping stone
for the Government to come in to be the heroine to repeal it.
This issue was triggered by the persecution initially charging a Mr Tan
Eng Hong under s.377a but later charged and investigated instead under Section 294
which carries a much lower penalty. The charge confuses the Government's
assertion and ambiguity that s.377a would not be proactively enforced
because there was a real threat of persecution.
"....In this regard, we urge our government to maintain: a) current
legislation concerning homosexuality;b) its policy of not
permitting the registration of
homosexual societies or clubs; c) its policy of not allowing the
promotion of homosexual lifestyle
and activities." National Council of
Churches Singapore
The Christian Right has previously attempted to frame any 377A
persecution in the assertions of "promoting a homosexual lifestlye" when
the act itself is about same sex acts. (given that the same acts between
different sex is considered acceptable) and nothing to do with any
chosen "lifestyle". In fact the non persecution indicate that the
Government is no longer seeing Homosexuality as a "chosen lifestyle"
rather an issue which a small minority is innately born with but has
strong reservations from a vocal christian minority.
The National council of Churches Singapore have even suggested that the
existing section 377A PC be further strengthened to be inclusive of
Lesbians. The NCCS said “Given that section 377A PC criminalizes
homosexuality whether done private or publicly, we are of the view that
a similar prohibition ought to be enacted in respect of lesbianism...”.
"The clear voice of the conservative vocal minority has ensured, in a
democratic, pluralist republic, that the anti-homosexuality law
is not abolished in spite of calls from active homosexual lobbyists in
the nation, which, in the words of a prominent local evangelical leader,
is a strong one." Christian Post SGState
Takes Active Stand on Non-Enforcement of Anti-Homosexuality Law 2008
The Christian Right will again protray themselves the underdog - the "Conservative vocal
minority" against a strong "active homosexual lobbyists" when the
churches which has 100 fold more manpower, determination, at all levels
of politics and wealth against a tiny community whose organization is
not even allowed to be legally registered.
They had deemed s.377a as "anti-homosexuality law" which fits the
constituitional argument that it is targeted against a specific people
group not treated with equal respect under the law when the oral sex
acts were not persecuted for heterosexuals.
They had wanted all gays to be persecuted since by have same sex
activities we are promoting homosexuality even if the same sex acts are
done in private. But they will have their day in court during the City
Harvest trial. Why should any mercy and grace be given when none was
shown.
When the Fundamentalists say that “Gays are silencing Christians”, they
are afraid of being challenged and taken into account by alternative
voices questioning their anti-gay crusade, when they had almost full
control of the Christian media and little opposition to their rhetoric and half
truths.
They have had a free ride and are now very afraid even of the small
voice of conscience reminding them that they might be wrong. Why are
Christians so afraid of alternative voices and trying to paint a very
bad picture of gays and making themselves look like the victim instead
of the criminal?
Because they are trying to hide and sooth their conscience of the sin
and evil done to the gay community. Their sin against the innocent gay
community is so grave that they know God’s moral laws would never let
them off.
Christianity is a choice but being gay is not a choice or a lifestlye
just as being straight is not one. Therefore, when what is innate and
what is chosen is made gray, it will be argued in the future that
religion is not a choice and what you believed in is determined by the
circumstances of your culture and upbringing. Therefore how could God
penalized us for something beyond our control. We are underming our on
faith by going after gays.
Gays are targeted because they are very weak and an easy target to
show our self righteousness against "sinners" and godly/holy
credentials. In the long run, the world's impression of our faith will
be that of an anti-gay movement and not the uniqueness of Christ message
of hope and salvation.
The ex-gay movement is just their delusion and they spend their energy
denying gays because even to probe further theologically/historically to
know the truth scares them. anecdotal evidence is so strong that gays
are born as such that the evangelicals are trying to stay far away from
the truth by creating a gay agenda which includes the ex-gay movement
and that gays are being used by Satan to destroy the church.
We are reminded by an article written after the 2007
parliamentary debate by Mr Ho Kown Ping entitled "stop making a mockery
of the law, lets accept gays". The article was then a real surprise with
no real impetus at all for the article to be written, and the author was
not the run of the mill journalist but the Chairman of MediaCorp, the
owner of the Newspaper.
Hence, it is appropriate for the
Government to again consider repealing s.377a more than 4 years later.
(John 10:10 NKJV) "The thief does not come except to steal, and to kill,
and to destroy. I have come that they may have life, and that they may
have it more abundantly.
Let us not be the thief who comes to steal away the basic rights of the
Gay community who has been under so much condemnation causing many
deaths and destruction. We are called to be as Christ, to give life, and
this life is Jesus Christ. Let us preach the name and power of Jesus
atoning death and resurrection. If not, this will be taken from us, and
the people's ears and eyes will no longer hear the good news until one
day, we will go into the same closets which we have put gays in.
The days of 377a are numbered literally. It legalises the assertion that
gays have no rights under the law and are unconvicted felons even when
the consensual same sex acts are done in private.
This is contrasted to what seemingly are "special rights" that the
churches exercise to freely do business in the market place whilst being
a charity. In the greatest irony, the churches could not speak as loud
as they had been to insist on s.377a as this is running in parallel to
the City Harvest court case.
How we treat Gays can be used as a guide by many whether we are a 3rd
world archaic country or a 1st world nation, “the place to be”.
It's time for Singapore to come out of the closet and gay people to
rejoice.
Chris Tomlin -
Rejoice.
"See the morning, see it rising Over the mountains high
See the mercy in the mighty hand of God
Living Water come and fill us
Only You can satisfy Turn our sorrow into singing
The song of life Rejoice, Rejoice Sing with the angel voices Rejoice,
Rejoice
All Heaven and earth rejoice"