Recognition of same-sex unions in Singapore

From Wikipedia, the free encyclopedia

Housing and immigration rights

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 Singaporean 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.

Restrictions

Laws regarding homosexuality in Asia
Same-sex sexual activity legal
  Marriage performed
  Marriage recognized
  Other type of partnership
  Unregistered cohabitation
  No recognition of same-sex couples
Ambiguous
  Restriction on freedom of expression, not enforced
  Severe restriction of association with arrests or detention
Same-sex sexual activity illegal
  Prison, not enforced
  Prison
  Death penalty on books, not enforced
  Enforced death penalty

Same-sex marriages are not recognised in Singapore, with the Women's Charter (Malay: Piagam Wanita;[5] Chinese: 妇女宪章,[6] Fùnǚ Xiànzhāng; Tamil: மாதர் சாசனம்,[7] Mātar Cācaṉam) stating that marriage not between "a woman and man" is void.[8] 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.[9][10][11] On 22 August, 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, leaving open the possibility for Parliament to legalise same-sex marriages or civil unions through a simple majority in the future.[12] 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."[12]

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.[13] The law was signed by President Halimah Yacob on 27 December, and published in the Republic of Singapore Government Gazette on 6 January 2023.[14] Article 156 of the Constitution now reads:[14]

(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,[15] though the marriage lacks legal recognition.[16] "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.

Public opinion

See also

References

Related Articles

Wikiwand AI