June 1997

PLU first application: third appeal letter

source: original document


 

 

 

 

15 June 1997

To: the Honourable Minister for Home Affairs
Phoenix Park, Tanglin Road,
Singapore 247904

Sir,

Appeal for the registration of People Like Us (PLU)
The Illegality of Homosexuality and our Application

One of the common responses we get when we tell our friends about our application for registration of People Like Us is a view that because homosexuality is illegal in Singapore, the government will not allow such a society.

It concerns us that this view may exist within the government as well, and may form the basis for rejecting our appeal.

Hence we are writing this letter to address this particular possibility.

A close examination of the issues will show that the logic -- that homosexuality is illegal, therefore the government should not grant registration of PLU -- is flawed. It is flawed in three ways:

1. homosexuality is illegal only in a narrow sense;

2. to ban PLU on this basis would mean a sweeping extension of the scope and intent of the law;

3. it is unhealthy and unjustifiable to condone such a sweeping extension.

 
Homosexuality is Illegal only in a Narrow Sense

The only section of the Penal Code aimed specifically at sexual acts between 2 male persons is Section 377A. It is quite explicit that it does not apply to lesbian sex.

Section 377 has also been applied to consensual sexual relations between males though it also applies to heterosexual situations. Our understanding of the origins and intent of this section is that it does not apply to lesbian sex either.

In fact, it is plausible at the very least, to say that lesbian sex is legal in Singapore.

In any case, the law only addresses instances of sexual contact. Homosexuality and bisexuality as sexual orientations are far broader than mere sexual conduct. They involve issues of emotional attachment, love, self-esteem and identity.

To construe from the prohibitions against male-to-male sex that homosexuality in all its aspects (including lesbian issues and self-identity) is illegal, is a misreading of the facts.

 
A Sweeping Extension

The aim of PLU is to engender self-help for the gay and lesbian community, through self-awareness, understanding of the issues, mutual support, and the promotion of tolerance in society generally.

The activities to be organised, as mentioned in our originating application, will be in the form of discussion groups, research programs, and events designed to foster more confident socialisation.

Essentially, PLU's objectives are to get people to think critically and informedly about gay and lesbian orientation, and to discuss issues in a mature way.

That these above-board activities are to be proscribed because there exists Section 377 and 377A of the Penal Code criminalising male-to-male sex, would seem to us to be a sweeping extension of the intent and scope of these Sections.

 
Unhealthy and Unjustifiable

Such a sweeping extension is unhealthy to the future of Singapore, and unjustifiable in the light of the Prime Minister's declared desire to see the development of civil society in Singapore. It is also contrary to his call to draw strength from a diversity of ideas.

Of course the registration of PLU would represent a contradiction, to some extent, of the laws criminalising male-to-male sex. Certainly, the opinion of a vast majority of gay persons is that such laws should be repealed, and it is only to be expected that PLU will see such views expressed by participants in the forums it organises.

 

Foreword by Yawning Bread

People Like Us made its first attempt at getting registered as a society in Nov 1996.

In Singapore, the Societies Act requires all societies to be registered by the government. Illegal societies risk criminal penalties.

The Registrar of Societies rejected PLU's application on 8 April 1997. He refused to give any reason for his decision.

In the subsequent months, PLU wrote a total of five letters to the government. All five are archived here in Yawning Bread

 

But it would be sad day for Singapore if, as a country, we are so over-protective of the status quo that we would not allow the formation of any group for fear that questions and dissenting opinions are likely to be raised about the laws and regulations as they currently exist. Such a position would stifle the very creativity and diversity that is being encouraged by the Prime Minister.

Furthermore, disallowing the registration of PLU would in itself undermine the credibility of the call for the emergence of civil society, and the announced readiness of the government to take a back seat in certain matters of local community interest.

 
We hope the foregoing has shown that the argument -- that since homosexuality is illegal, PLU should not be allowed -- is not only fatally flawed, it also jeopardises broader aims recently expressed in Parliament.

Thank you.

(Signed by the Pro-tem President)
People Like Us
   


 

Reply by Ministry of Home Affairs

21 June 1997

Dear Sirs,

Appeal for the Registration of People Like Us

Please refer to your letters dated 5 May 97, 27 May 97 and 31 May 97 addressed to the Minister for Home Affairs.

2. I regret to inform you that after careful consideration, the Minister has decided to turn down your appeal for registration.

(Signed by the Manger, Joint Operations for Permanent Secretary, Home Affairs)

 

 

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