Decriminalizing gay sex in small steps

August 22, 2022
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Singapore’s decision to decriminalize sex between men is being hailed as a step in the right direction for LGBTQ rights in the Asia-Pacific region, a vast area of nearly 5 billion people with different laws and attitudes.

Although many places have decriminalized sexual acts between people of the same sex, only a few allow same-sex marriage, partnerships or unions. Singapore tempered its decision by saying it will amend its constitution to prevent such unions from ever taking place.

Many of the region’s bans on sex between men were instituted under British colonial rule in the 19th and 20th centuries, and the laws describe such acts as violations against the “order of nature.”

Here are some details on the situation in the Asia-Pacific region:

AUSTRALIA

All states and territories repealed gay sex bans between 1975 and 1997, while Parliament legalized same-sex marriage throughout the country in 2017. The age of consent became equal for all sexual acts as of 2016. People convicted for consensual sexual acts that are no longer illegal can have their criminal records cleared.

CHINA

Homosexuality is not criminalized by law, but same-sex marriage remains unlikely to be legalized in the near future. While the largest cities have vibrant LGBTQ scenes, the stigma remains strong in Chinese society. Further, LGBTQ people have little recourse in the law regarding such areas as child custody or property rights. In the past few years, Chinese LGBTQ groups have faced increasing censorship and official pushback as part of general restrictions on civil society, with one national-level organization focused on advocating LGBTQ legal rights forced to shut down last year in face of government pressure.