'Don't Ever Take a Fence Down Until You Know the Reason it Was Put Up' - Singapore Communitarianism and the Case for Conserving 377A

Abstract

A rare parliamentary petition which sought the repeal of section 377A of the Penal Code that criminalises acts of gross indecency between male adults, was presented and debated in Parliament in October 2007. This article critically examines the constitutional law dimension and issues in relation to the 377A debate in Singapore. It highlights the primary jurisprudential thrust of the competing arguments and assumptions. It advances and defends the communitarian case for preserving 377A which the author argues is both normatively desirable and empirically reflective of existing Singapore law and policy. With particular regard to the Singapore context, it reflects on howdemocratic societies should address questions of law and profound moral disagreement, the importance of civil debate, and whether the legislative or judicial forum is most appropriate for making decisions on morally controversial questions.