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Recognition of same-sex unions in Singapore

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Part of the LGBTQ rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
LGBTQ portal

Singapore does not recognise same-sex marriages or civil unions.[1] In 2022, the Parliament of Singapore passed a constitutional amendment giving itself "the power to define, regulate, protect and promote the institution of marriage".

Housing and immigration rights

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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 Singapore 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.

[edit]
Laws regarding homosexuality in Asia
Same-sex sexual activity legal
  Marriage performed
  Marriage recognized
  Other type of partnership
  Legal guardianships or unregistered cohabitation
  Limited foreign recognition (residency rights)
  No recognition of same-sex couples
  Restrictions on freedom of expression, not enforced
  Severe restrictions of association with arrests or detention
Same-sex sexual activity illegal
  Prison, not enforced
  Prison
  Death penalty on books, not enforced
  Enforced death penalty

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.[5][6][7] On 22 August 2022, 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 instead of the judiciary, leaving open the possibility for Parliament to legalise same-sex marriages or civil unions through a simple majority.[8] 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."[8]

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.[9] The law was signed by President Halimah Yacob on 27 December 2022 and published in the Republic of Singapore Government Gazette on 6 January 2023.[10] Due to this constitutional amendment, and the precedent set by the Women's Charter (Malay: Piagam Wanita;[11] Chinese: 妇女宪章,[12] Fùnǚ Xiànzhāng; Tamil: மாதர் சாசனம்,[13] Mātar Cācaṉam) stating that marriage not between "a woman and man" is void, only opposite-sex marriages are recognised in Singapore.[14]

Article 156 of the Constitution now reads:[10]

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

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According to a 2013 survey by the Institute of Policy Studies, some 75% of Singaporeans opposed same-sex marriage.[16] A survey conducted by the same polling organization between August 2018 and January 2019 revealed that Singaporean society was still largely conservative but becoming more supportive of LGBT rights. The survey showed that more than 20% of people said that sexual relations between adults of the same sex were not wrong at all or not wrong most of the time, a rise of about 10% from 2013. Around 27% felt the same way about same-sex marriage (up from 15% in 2013) and 30% did so about same-sex couples adopting a child (up from 24% in 2013).[17][18]

In 2019, a poll conducted by YouGov showed that 34% of Singaporeans supported same-sex civil partnerships, while 43% opposed its legalization, and the remaining 23% were uncertain. Support was more notable among younger respondents: 50% of people aged 18 to 34 supported civil partnerships and 20% were opposed. In contrast, only 22% of those aged 55 and over supported. 41% of university degree holders agreed with the legalisation of same-sex partnerships, whereas only 26% of respondents without a university degree were in favour. Of those who considered themselves "very much" religious, only 23% supported civil partnerships. 51% of people who considered themselves "not at all" religious expressed support. Apart from irreligious people, majority support for same-sex partnerships was also found in respondents who identified as LGBT (71% against 22%) and those who personally knew a person in a same-sex relationship (52% against 33%).[19][20][21][22]

A mid-2019 poll conducted by the Institute of Policy Studies found that opposition to same-sex marriage in Singapore had fallen to 60%, down from 74% in 2013. The poll also found that nearly six in ten Singaporeans aged between 18 and 25 believed that same-sex marriage was not wrong.[23] In June 2019, an online survey conducted by Blackbox Research revealed that 56% of Singaporeans were opposed to other countries following Taiwan's lead in legalising same-sex marriage, while 44% were supportive. When asked on how they felt that more than 300 same-sex couples had married in Taiwan in the first week after the new law was passed, about 49% of those surveyed felt positive about the statement, with 14% feeling "strongly positive" and 35% feeling "somewhat positive". Conversely, 51% responded negatively, with 20% feeling "strongly negative" and 31% "somewhat negative".[24]

A June–September 2022 Pew Research Center poll found that support for same-sex marriage in Singapore had risen to 45% and opposition had fallen to 51%. Support was highest among the religiously unaffiliated at 62%, Hindus at 60% and Buddhists at 53%, but lowest among Christians at 29% and Muslims at 21%.[25] This level of support was the fourth highest among the six Southeast Asian countries polled, behind Vietnam at 65%, Thailand at 60% and Cambodia at 57%, but ahead of Malaysia at 17%, and Indonesia at 5%.[26]

A June 2024 Ipsos poll found an increase in support for LGBT rights, with 54% of Singaporeans agreeing that same-sex couples should be able to marry or have legal recognition, while 25% disagreed and 21% were neutral. In addition, 57% of Singaporeans agreed that same-sex couples should be able to adopt, while 30% disagreed and 13% were neutral.[27]

See also

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References

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  1. ^ Women's Charter (Ordinance 18, Section 12). Legislative Assembly of Singapore. 15 September 1961.
  2. ^ "Singapore's home sales approach record high_English_Xinhua". 4 November 2012. Archived from the original on 4 November 2012. Retrieved 27 September 2022.
  3. ^ "LGBTQ+ guide: Things you should know about buying an HDB flat". AsiaOne. 28 August 2021. Retrieved 27 September 2022.
  4. ^ "Relocating to Singapore". Interpol. Retrieved 28 June 2024.
  5. ^ Yuen-C, Tham (21 August 2022). "NDR 2022: Govt will repeal Section 377A, decriminalise sex between men". www.straitstimes.com. Retrieved 21 August 2022.
  6. ^ "Singapore will decriminalize sex between men, prime minister says". Reuters. 21 August 2022. Retrieved 21 August 2022.
  7. ^ Sim, Dewey (21 August 2022). "Singapore to lift ban on gay sex, amend constitution to ban marriage equality". South China Morning Post. Retrieved 21 August 2022.
  8. ^ a b Yuen-C, Tham (22 August 2022). "Section 377A: Constitution will be amended to protect Parliament's right to define marriage, says Shanmugam". www.straitstimes.com. Retrieved 22 August 2022.
  9. ^ Goh, Han Yan (29 November 2022). "Parliament repeals Section 377A, endorses amendments protecting definition of marriage". The Straits Times. Singapore. Retrieved 29 November 2022.
  10. ^ a b "Constitution of the Republic of Singapore (Amendment No. 3) Act 2022". Singapore Statutes Online. Retrieved 28 June 2024.
  11. ^ "Pindaan Piagam Wanita diluluskan; termasuk pilihan cerai atas sebab persetujuan bersama". Berita (in Malay). 10 January 2022.
  12. ^ "妇女宪章". Singapore Mandarin Database (in Chinese). Retrieved 28 June 2024.
  13. ^ "மாதர் சாசனத்தில் திருத்தம்: போலிசுக்கு அதிக அதிகாரம் கிடைக்கும்". Tamil Murasu (in Tamil). 8 October 2019.
  14. ^ Hui Min, Chew (27 November 2022). "CNA Explains: How does Article 156 in the Constitution 'protect' marriage?". CNA. Mediacorp. Retrieved 28 February 2024.
  15. ^ Hudson, David (24 June 2024). "Couple challenges Singapore's ban on gay marriage… by having the most fabulous wedding ceremony there". Queerty.
  16. ^ "Wear white to protest pink gay rally, religious groups say". Reuters. 23 June 2014. Archived from the original on 21 November 2015. Retrieved 2 November 2015.
  17. ^ "Greater public acceptance of gay sex and marriage: Survey". The Straits Times. Singapore. 3 May 2019. Archived from the original on 5 June 2019. Retrieved 5 June 2019.
  18. ^ Yuen-C, Tham (2 May 2019). "Singapore society still largely conservative but becoming more liberal on gay rights: IPS survey". The Straits Times. Singapore. Archived from the original on 5 June 2019. Retrieved 5 June 2019.
  19. ^ Ho, Kim (18 February 2019). "Singaporeans split on same-sex civil partnerships". YouGov. Archived from the original on 25 February 2019. Retrieved 25 February 2019.
  20. ^ Glauert, Rik (19 February 2019). "A third of Singaporeans support same-sex civil partnership". Gay Star News. London. Archived from the original on 25 February 2019. Retrieved 25 February 2019.
  21. ^ "Singaporeans remain deeply divided on the issue of recognizing gay civil partnerships here". Yahoo! News. 19 February 2019. Archived from the original on 25 February 2019. Retrieved 25 February 2019.
  22. ^ "Singaporeans remain deeply divided on the issue of recognizing gay civil partnerships here". Coconuts Singapore. 19 February 2019. Archived from the original on 25 February 2019. Retrieved 25 February 2019.
  23. ^ Beh Lih Yi (2 May 2019). "Support for gay rights seen growing in Singapore". Reuters. Archived from the original on 2 May 2019. Retrieved 2 May 2019.
  24. ^ "56% of Singaporeans opposed to more countries following Taiwan on same-sex marriages: survey". sg.news.yahoo.com. Archived from the original on 26 July 2019. Retrieved 26 July 2019.
  25. ^ Lim, Ida (12 September 2023). "Pew survey: Eight in 10 Malaysians oppose same-sex marriage, local Buddhists most supportive". Malay Mail. Retrieved 9 November 2023.
  26. ^ Gubbala, Sneha; Miner, William (27 November 2023). "Across Asia, views of same-sex marriage vary widely". Pew Research Center.
  27. ^ Ang, Shermaine (10 June 2024). "Many Singaporeans on the fence about LGBTQ issues, Ipsos survey finds". The Straits Times. ISSN 0585-3923. Retrieved 2 July 2024.
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