Gary & Kenneth vs the Singapore Government

Okay, I have been asked to comment on the Gary & Kenneth vs the Singapore government case - this is a tricky case indeed. I have been following this case for a while thanks to my friends on Facebook talking about it and if you haven't already heard about the details of the case, it is about this Singaporean gay couple who took on the system to challenge - they filed a constitutional challenge against Section 377A of the Singapore Penal Code, which criminalises sex between gay men. In April 2013, the High Court ruled against the couple and retained the anti-gay law. Gary and Kenneth have decided to file for an appeal. You can read the details of their case here and contribute towards their cause.  They have managed to raise over $78,000 so far (at the time I am posting this article) and the amount is still rising fast. Clearly, they have a lot of supporters and it is very encouraging to realize that.

I thought long and hard before responding to this case - let me try to summarise the various thoughts I have on the case now. Firstly, I admire Gay & Kenneth for having the courage to do this for it is undoubtedly going to cause them a lot of negative publicity - after all, this story has been picked up by the Singaporean social media circles and there have been some downright homophobic remarks left on Facebook about the intentions of these two. Such remarks only show just how ignorant, bigoted and fucking retarded some Singaporeans are - but nonetheless, it must be frightfully unpleasant for Gary & Kenneth to see even some of these negative comments in social media. They must have known that this would happen - yet they still had the courage to go ahead and put themselves in the media spotlight.

There is a part of me that hopes that Gary & Kenneth will triumph in the end and that through their actions, section 377A will be repealed and we will see a major change in Singaporean society in becoming a lot more open minded. Then there is the cynic in me that thinks, it's not going to work - this is not your grandfather's government. You think you buay song gahmen you can challenge and appeal one meh? Where do you think you are - America? You think you can be like Rosa Parks and change the system?

Perhaps Rosa Parks isn't the best comparison - after all, the defied the law by refusing to give up her seat on the bus to a white passenger, got herself arrested then appealed the conviction. Whereas Gary & Kenneth were never arrested in the first place (although technically speaking, if the government did enforce section 377A, then they could potentially be arrested). So what they are challenging is the law itself and by that token, they are challenging the wisdom of the government to actually retain a law they said they will not enforce. I know what you're thinking - retain a law you don't intend to enforce? What the hell are you doing that for? How illogical is that? What is the point of such a law then? Either keep it because you are actively using it or get rid of it if you don't intend to enforce it - but this wishy-washy status quo does not make any sense and it is not acceptable to neither the pro-gay (who want it scrapped) nor the anti-gay factions (who want to see it actively enforced).

Okay, whilst I wholeheartedly support and salute Gary & Kenneth - this is when I am going to give in to cynicism. The problem lies with the government, or actually, the way the PAP runs the government. I am not convinced it is going to work because you are not engaging with people who are rational or reasonable. On what basis are you going to have any kind of debate on the issue if you know that the people you are engaging in the government are irrational and unreasonable to begin with? I simply have no faith whatsoever with the Singaporean system to handle something like this. Did you actually think that Singapore is anything like a real democracy, such as New Zealand? Like hello, we're talking about a country where the PAP pay themselves whatever they like and make the most flimsy excuses to justify their bare face greed? Where the government lies and lies and lies again, most recently about the issue of not evicting the residents of Pulau Ubin but charging these residents rent to remain on the island (effectively forcing them out)? Oh you know the famous saying, "NS for Singaporeans, scholarships for foreigners". Yes that's the same government you're trying to reason with? For fuck's sake, who the hell are you trying to kid here? 你骗谁? 欺自己? Aiyoh. 

Don't you get it? The PAP are a bunch of lying, dishonest crooks. You can't even begin to reason with lying, dishonest crooks. There is no basis to even try to reason with these dishonest people, even if you get the best lawyers in the country to help Gary & Kenneth prepare this appeal. It is hardly going to make any difference because you're dealing with a system that is not prepared to engage with the citizens - the government is just going to do what the hell they want. Do you need proof? Here's the evidence - there was widespread disapproval even amongst diehard PAP supporters when it came to the population white paper for 6.9 million. Yet they still bludgeoned the white paper through parliament anyway, making a complete mockery of the democratic process. Gary & Kenneth are making an error of judgement in that they are underestimating what they are up against and whom they are dealing with - because there is a very high chance that their appeal with be quashed and dismissed just like that. Not because what they're asking for is unreasonable, but because you're dealing with an inherently unfair, unjust and undemocratic system.

I see a tactical miscalculation here - if you want section 377A to be repealed, then first you have to get rid of the PAP. Vote them out at the next election - get the gay community to pressure the opposition into pledging the abolition of section 377A as part of their manifesto. Let's face it - you need a coalition of the young, liberal and forward thinking in Singapore and those who support the opposition are more than likely to be gay friendly, whilst those who vote PAP are more than likely to be homophobic. With the battleground set to be quite uncertain for the next election, every vote is going to be precious and fought for. Now we're not just talking about the gay vote here - we're talking about the votes from Singaporeans who believe that Singapore will be a better, more progressive, more compassionate society without section 377A. We're talking about Singaporeans who dare to dream of a better future, to embrace a path without the PAP's rhetoric and gay rights is but a part of a bigger package of progressive social values that includes the freedom of speech, the freedom of the press, the freedom of expression, respecting women's rights, respecting ethnic minorities and creating a more compassionate, open minded society.

Get rid of the PAP and section 377A will be gone sooner than you think. Challenging the PAP on section 377A will only lead to more frustration - it'll be like trying to demolish a house by banging your head on the wall. Sorry for being so cynical, but it simply isn't going to work. Let's look at it from the PAP's perspective - even if you do get people in the government who are gay friendly and would like to get rid of section 377A, their hands are tied because of the way this challenge has been raised. Two Singaporean citizens are unhappy with the law and they have tried to change it - the courts ruled against these two and they appeal. Now the PAP are going to think, "if we give in now, this will make Singaporeans more bold and they will think that if they buay song gahmen, then they can suka-suka challenge this, challenge that and change the law. No, cannot lah! We must show them who is boss, that they cannot ini maciam suka-suka challenge the law like that one. You think your grandfather's gahmen, izzit?" Even if the PAP is willing to repeal section 377A, they will want to make it look as if it was a decision the PAP has taken after careful consideration - rather than because their hand was forced by a gay couple who had the balls to challenge the government. Allowing the latter to happen would tantamount to 'losing face' and the PAP will never let that happen. Sorry guys!

Your grandfather's gahmen izzit? 

In the case of Rosa Parks, when she was arrested, black residents of Montgomery boycotted the local buses and continued the boycott for 381 days, at considerable personal sacrifice. Dozens of public buses stood idle for months, severely damaging the bus transit company's finances, until the city repealed its law requiring segregation on public buses. It was inspirational how united the black community was in the case of Rosa Parks - is the gay community in Singapore going to rally behind Gary & Kenneth? What can they do to make the government feel the pressure? Okay, some have donated to Gary & Kenneth's cause - but how organised is the gay community in Singapore? Can they present a united front of gays and their supporters against the PAP?

The PAP would be terrified that if they allowed Gary & Kenneth a victory on this issue, it would open a Pandora's Box for unhappy Singaporeans to start challenging them on a whole range of other issues - from the influx of foreigners to national service to CPF to ministers' pay to censorship to the public transport woes. Rather, the PAP would rather Singaporeans remain docile and quiet even if the wheels come off the bus and not question the judgement of the PAP the way Gary & Kenneth have on this issue.

Would a victory for Gary & Kenneth encourage others to take on the government?

Put it in that context, Gary & Kenneth have virtually no chance of victory I'm afraid. It is not just an issue of PAP moving on this one issue - it is about the kind of relationship this government wants to have with Singaporean citizens. Right now, there's no room for negotiation in this relationship - just look at the way the population white paper was handled. What makes you think the PAP will reaction any differently on the section 377A issue? What makes you think you can even begin to negotiate with the PAP on such issues?

You know, I would love to be proven wrong. Nothing would please me more if my cynicism was proven wrong. Bur there is a difference between what I hope would happen and what I think will probably happen. Nonetheless, Rome wasn't built in a day and nobody expects that it will take just one case like Gary & Kenneth's to get rid of section 377A - this is a marathon, not a 100 metres sprint. Gary & Kenneth's case is going to be one of the many important steps that will take us one step closer to finally getting rid of section 377A. There will need to be many more brave people to who have the guts to take on this government in order for there to be real change in our society. We may not be there just yet, but this case is a step in the right direction. Think of how many decades it took from Rosa Park's getting arrested to Obama becoming the president, the gay community in Singapore also have a very long journey of their own to make.

I suppose the easiest option would be to simply leave Singapore if you are really that unhappy there. Why stay there and 受苦? If section 377A is the root of your problem, then isn't it far easier to move to somewhere like New Zealand, the UK, Holland or Belgium where gays enjoy freedom, protection and equality under the law? That's what many talented, well educated gays have done - along with plenty of Singaporeans who simply can't wait for the day Singaporeans finally get rid of the PAP. By that token, I do admire Gary & Kenneth as they have guts to stay and fight the system, rather than to simply give up and leave Singapore. But then again, are they doing it the right way? Are they picking a fight they simply can't win, are they tackling a system that cannot be changed with the PAP in charge? I am not convinced, but hey, please, kindly prove me wrong and I do wish you guys all the very best of luck with your appeal.

As usual, please let me know what you think and leave a message below. Thanks!