10 Mar '13, 6am

Second of two 377A challenges may have to wait a long time for a decision

Second of two 377A challenges may have to wait a long time for a decision

Wednesday, 6 March 2013, was the day Tan Eng Hong’s challenge to the constitutionality of Section 377A was heard in closed court. Section 377A of the Penal Code is the law that criminalises “gross indecency” between two men. This follows quite soon after the court date for another challenge to the same law, mounted by Gary Lim and Kenneth Chee and reported in First of two 377A challenges heard in closed court . In the Tan Eng Hong case, there are pages and pages of arguments, but my sense, on reading them, is that the issue is being distilled to a few crucial points. And these crucial points are not specific to the “gay issue”, but will prove important to any future constitutional challenge that is based on Article 12 (the equality provision) of our constitution. The first crucial point is the level of scrutiny. This is a somewhat technical matter, but basically, the Attor...

Full article: http://yawningbread.wordpress.com/2013/03/10/second-of-tw...

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