The judgment comes as gay rights have become an increasingly
thorny issue in Singapore's traditionally conservative society.
Massage therapist Tan Eng Hong and gay couple Lim Meng Suang and
Kenneth Chee Mun-Leon sought a repeal of the law, which prescribes a
jail term of up to two years for men who engage in any act of "gross
indecency", in public or private.
They said it infringed their rights to equality, life and personal
liberty under Singapore's constitution, a claim the court rejected.
"Whilst we understand the deeply-held personal feelings of the
appellants, there is nothing that this court can do to assist them.
Their remedy lies, if at all, in the legislative sphere," said the
judgment delivered by Court of Appeal judge Andrew Phang Boon Leong.
The court said the law, known as Section 377A of the Penal Code,
passed a test to determine if it complied with the constitutional
right of equality.
Tan was arrested for having oral sex with another man in a public
toilet in 2010. He and his partner were initially charged under
Section 377A, though the prosecutor later substituted charges under
a different law. Lim and Chee have been in a relationship for 15
years.
An annual gay rights rally this year drew a record crowd as well as
noisy opposition from religious groups, while a ban of a comic and
children's book featuring homosexual characters triggered a storm of
protest.
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The judgment is a step backwards for human rights in Singapore, said
M Ravi, a human rights lawyer who acted for Tan in the case.
"It appears that this absurd and discriminatory law criminalizes the
core aspect of an individual's identity, in this case, homosexual
men," he said in a statement.
The measure does not target sex between lesbians, however.
"This unequal treatment in the law is based on hatred for hatred's
sake, and discrimination for discrimination's sake, and nothing
else," Ravi added.
(Reporting by Rujun Shen; Editing by Clarence Fernandez)
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