Collective Litigation and the Constitutional Challenges to Decriminalizing Homosexuality in Singapore

23 Pages Posted: 9 Aug 2017

See all articles by Lynette Chua

Lynette Chua

National University of Singapore (NUS) - Faculty of Law

Date Written: September 2017

Abstract

This article examines collective legal mobilization through the courts, or collective litigation, in a non‐liberal regime. It analyses the emergence and development of collective litigation to challenge the constitutionality of section 377A of the Penal Code, the law that criminalizes same‐sex sexual conduct in Singapore. The analysis focuses on the relational dynamics of collective litigation and legal subjectivities of the social actors involved, highlighting how social positions and strategic interests shaped their interactions and decisions on litigation. While gay rights activists emphasized their movement's collective interests when choosing the appropriate case and lawyers, a movement outsider pursued individual interests on behalf of a client. Due to their divergent social positions and strategic interests, the two teams competed with each other as they initiated two separate constitutional challenges. Tension between the teams led to conflict with constituents of the gay rights movement and influenced their relational dynamics with other parties.

Suggested Citation

Chua, Lynette, Collective Litigation and the Constitutional Challenges to Decriminalizing Homosexuality in Singapore (September 2017). Journal of Law and Society, Vol. 44, Issue 3, pp. 433-455, 2017, Available at SSRN: https://ssrn.com/abstract=3013929 or http://dx.doi.org/10.1111/jols.12037

Lynette Chua (Contact Author)

National University of Singapore (NUS) - Faculty of Law ( email )

469G Bukit Timah Road
Eu Tong Sen Building
Singapore, 259776
Singapore

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
0
Abstract Views
211
PlumX Metrics