Saturday, October 20, 2007

Section 377A

I was looking through the signatures on the petition that was created to keep Section 337A of the Singaporean Penal Code. For the uninformed, it essentially deals with gay rights. Although recent changes to the Penal Code included the repealing of Section 337 (Carnal Intercourse against the course of nature), Section 337A (Gross Indecency) was pretty much left untouched.

Although there is a funny story that repealing 337 was still not gay friendly as it was only applies for heterosexual couples, because (1) in the eyes of the law, technically, there is no gay community and (2) check the legalese, it actually says so. But let's not get into that about now.

Instead, let's talk about why people are willing to set up petitions to keep this article in the penal code. Pick a page. Any page in the petition, and you'll find a lot of bigotry. And I mean a lot.

You have people thumping the bible as if it means something. You have people who come straight out to call homosexuals perverts or mutations. Easy to be brave when you can hide under a nickname like Ridiculous or SG Punk. There's also a bunch of people who come out and say it is against values.

It's bigotry plain and simple. The entire us against them mentality. We don't understand or wish to have to deal with it, we bludgeon it. Odds are, for every level head that can explain his decision on that list, there will be 20 who's driving reason is that it's not right or simply put, it wigs them out. I mean it's funny how people seem to object most violently to the idea of a all-male couple where as a lesbian couple flies just underneath the radar to most. Technically, the word GAY, is pretty much used as a swear word where I come from.

No one can come out and give a good reason why the rule cannot stand, at least not without thumping the bible, and BOY, do I have Jewish friends that'll agree with me on this.

I particularly love it when people bring up Asian values, family values. Homosexuality is against the traditional family. Hypocrites. Last I checked, looking after your parents was an Asian value, helping the poor and selflessness were Asian values.

Frankly the only reason that could possibly stand is that law is supposed to be a reflection of society, not an agent to change society. Because by repealing this article, you are allowing a segment of society forcing the government to dictate what the rest of the society is to feel about this segment.

The gay community in Singapore is a small segment as compared to the entire general population. This segment ends up being radicals who naturally will be more liberal. This added liberalism would force them to speak out more. There is a majority, however, this majority will forever be silent. Instead they will hide behind screen names so as not to be offensive but still show their support anyway.

Let's take a moment to see what happens if the article is retained. Homosexuality will be outlawed, they'll stop and the whole of Singapore will rejoice at having family values and the bible saving our fair island from the fate of Sodom.

Not really. How exactly will a law solve the problem? Homosexuals have been working outside the law for so long. Just because there is a law, people aren't going to fall in line immediately. Rules are made to be broken. You aren't supposed to chew gum, people do it anyway. You aren't supposed to litter, people do it anyway. You aren't supposed to jay walk, to drink and smoke before age 18. All these laws are unenforceable. You cannot to have a camera in every bedroom and a SWAT team ready to break down the door if a homosexual couple get a little too frisky.

It's naive to think that a paper will solve everything. Just because you sweep all the dust under the carpet doesn't mean that dust is gone. In fact it'll just aggravate a lot of allergies when you take that carpet out to the wash.

Personally I have several very bigoted reasons to support and also condemn the retention of the article. But it'll do me no good to take a stand here. In fact, I believe in an alternative.

Revise and rewrite articles 337 and 337A. There is no hiding the gay community from the world. It is a personal choice they have decided for themselves. The government's job is to strike a compromise. Grant the gay community some right. Maybe allowing consensual sex at a legal age. Some rights so as they have an avenue to express the freedom of choice that they have. Make it across the board. If the law doesn't discriminate against race and religion, why should it over sexual orientation?

However, there will still be laws that forbid civil unions and other such rights pertaining to marriage. It will be as a reminder that the society is still largely against such unions. Call the law biased here but it's a compromise. The Law Discriminates Because People Discriminate.

Making homosexuality illegal isn't going to turn them towards the straight and narrow (pun intended). Making it legal isn't going to make the general population welcome them with open arms.

This will have to make do until people can accept the gay population. In an Asian society like this, it might be never. But hell, if the Black Panthers and Malcolm X could do it, why not?

Although, I'll predict this. The government will throw out the repeal process. The Section will stay unaltered. The gay community will be up in arms for a week or two, and then all of us will go back to the way we were, where the gay community stays underground and bigots will continue to use the word Gay as a swear word.

One can dream can they?

For the record: I never signed the petition. And I never will.

2 comments:

The Cherry Tree said...

False sense of security like I said.

Anyway, you've been tagged. See my latest blog post for details. AND DO IT. haha.

blackmage71 said...

You miss the point. No matter which petition goes through, we still need to make huge changes to the status quo.

If we just repeal, one side's gonna go up in arms. If we keep, we'd just be sweeping the issue under the rug once more.

The only way we can even do anything lasting is to kill the section and then revise it.

That's the only reason I signed the repeal.