Why decriminalizing homosexuality
is a chance to eschew ideology in favor of pragmatism.
Despite handwringing by political
progressives about the PAP’s landslide victory
in the 2015 general election, social change is inevitable – and it may even
originate within Singapore’s proudest policy arena: the economy. If the
knowledge economy of the past and present is about starched shirts, lab suits,
and pocket protectors, the creative economy of the future is about tight
jeans, helix piercings, and MacBook Airs. These fashion references may be
dated, but the point remains: Singapore’s competitiveness will soon be in the
hands of a new style of worker. The PAP has shown remarkable adaptability in
restructuring Singapore’s economy to capture global opportunities. To stay
ahead of its regional peers and retain talent, Singapore should continue its
willingness to eschew ideology in favor of pragmatism. One opportunity is gay
rights.
Richard Florida – oft quoted, oft criticized – made a
noisy contribution to the understanding of urban growth in the creative economy
with his talent-technology-tolerance framework. The first
two are arguably uncomplicated. A city can attract talent through amenities, or
develop it through education and training. Technology is still only as good as
its investment and prudent management and application. Tolerance, however, is
an urban policy hobgoblin for two reasons. First, in countries with
multi-layered government, cities often have little control over national level
social policies that influence their economies. Second (and more relevant to
Singapore), tolerance goes much deeper than law. With a recent ruling by the United
States Supreme Court, gay couples can now marry in politico-religious fiefdoms
like Alabama, Mississippi, and Oklahoma, but this likely has little effect on
social tolerance and may even compel besieged ideologues to double-down.
Likewise in Singapore, there is no
guarantee that a socially progressive policy revolution would prompt prejudiced
contrarians to abandon their beliefs. However, it would send a message to
creative talent pools – global and domestic – that the freedom to pursue
happiness without hurting others is protected (and maybe one day will be
celebrated) in Singapore. Tolerance is the link in Richard Florida’s framework
that is missing in the newly developing world, and Singapore has an opportunity
to be a regional and global leader on this issue, as it has for economic
development and urban planning.
As Singapore’s regional peers move
predictably – albeit sluggishly – through the standard economic development
stages, there will be increased competition in the industries for which
Singapore has long enjoyed an unassailable competitive advantage. Better educated
workers, lower wages, and institutional reforms in countries like Malaysia,
Vietnam, and India may eventually erode Singapore’s regional dominance in
knowledge industries (such as science research, and FIRE: finance, insurance,
and real estate). The competitive Singapore of the 21st century may look more
like New York, San Francisco, and London look today: a robust creative sector
filling the gap left not only by long-departed manufacturing industries, but
also by FIRE industries geographically dispersed by globalization. The openness
and tolerance characterizing emerging creative industries may be spilling over
into remaining knowledge industries – both legally and culturally. This social
bricolage helps enrich the atmosphere of global cities.
Singapore’s historically rapid
economic development has occurred despite the presence of Section 377A, the Singaporean
law criminalizing homosexual activity. Many other nations have generated
economic growth while retaining similar laws criminalizing
homosexuality. Indeed, firms in finance, insurance, and petrochemicals – three
of Singapore’s staple industries – likely do not base location decisions on a
country’s social policies; they are more interested in “business friendliness”
and market access. By contrast, for creative industries – the arts, education,
fashion, advertising, entertainment, architecture, design, and so on – location
decisions revolve in part around the imperative to attract world-class talent,
and this ability is dependent on global perceptions of social tolerance. As
such, Singapore’s legacy industry mix explains why its economy has grown
without much concern for the image “liability” of 377A.
To educated foreign workers who play
a part in bolstering Singapore’s global competitiveness, the country’s
ostensibly race-neutral policies and veneer of social cohesion may seem
enlightened relative to regional peers. Some expats coming from highly
“progressive” countries (in Scandinavia, for instance) might feel otherwise, but
for ideological moderates it may be satisfying enough to know that Singapore
chooses not to aggressively apply 377A (despite the affirmation of the
law’s constitutionality by an appeals court in 2014). This “soft prejudice of
low expectations” about Singapore’s social progressivism places the bar fairly
low for policy reform. A quasi-tolerant equilibrium has emerged, one
that arguably makes sense within the current political milieu. However, the
retention of 377A in any form fails to alter global perceptions.
Arguably the most significant
drawback of refusing to repeal 377A concerns Singapore’s image not with the
rest of the world, but with its own citizens – and young professionals in
particular. Singapore was recently recognized as having
the “smartest kids in the world.” Brain drain has been a problem in countries
across the region, including Vietnam. Many young Singaporeans choose to move away for
education and work, although global connectivity and stagnant Western economies
may compound the cyclicality of these patterns. In general, this emigration
represents a loss of raw intellectual capacity because emigrants tend to be a
self-selecting group of highly creative thinkers; these are exactly the type of
workers Singapore needs to build competitiveness in the booming global creative
industry.
Regardless of whether 377A is ever
applied, its presence may – to some of these workers – reflect an unsettling
disinterest in the social progressiveness making gradual headway in the West. Canada recently
elected a progressive national government. The 2016 United States presidential
election appears to be the Democrat Party’s to lose, with the support of a fractured Republican
Party alternating between a megalomaniacal billionaire and a former doctor who
believes that prison makes people
gay. The disarray of right-wing parties in many countries provides would-be
emigrants with attractive relocation opportunities. Granted, repealing 377A
will do little to address personal attitudes that can make life at home, work,
and in public uncomfortable for gays; social progress famously lags legal
progress, and the West is no exception (see: modern racial discrimination in the
United States). However, the repeal would be a symbolic gesture to Singapore’s
gays, and also to the decreasing number of close-minded Singaporeans, that the
country is serious and proud about embracing all forms of tolerance.
In the final analysis, 377A appears increasingly antiquated with
each passing year, particularly as developed countries make progress
on marriage equality. The intolerant minority is becoming marginalized as
generations turn, and the pragmatism of economic policy makes government
intrusion into private lives look childishly meddlesome. Pressing social issues
such as wealth inequality and an ageing society seem
far more important than matters of love. In the United States, public attitudes
about gay marriage have evolved significantly
in the past decade, and the few outraged by the recent pro-gay Supreme Court
ruling are on the fringe right, which has little relevance at the national
political level despite its loud voice. Lee Kuan Yew,
who openly questioned why law would criminalize a trait some people are born
with, said “I think we pragmatically adjust”
regarding such laws. This year, Lee Kuan Yew’s son and current Singaporean
Prime Minister echoed that
sentiment, saying of gay residents, “We do not harass them or discriminate
against them.” Nevertheless, the repeal of 377A would, at the moment, be highly
unexpected. There will be a time when such reform makes better political sense;
when the government believes that a policy shift reflects society’s values.
With that said, on matters of
fundamental human rights the majority is not always moral. Extending voting
rights to women and racial minorities in the United States was unpopular, but
as a policy decision supported the concept of equality. Last year, a Singapore
pastor claimed, “The voice
of the LGBT [sic] is growing louder. If they succeed in repealing 377A, this
will lead to a loss of religious freedom as seen in other countries…It’s
crazy.” This logically vapid argument has also been used in the recent Kim
Davis controversy in the
United States. Fringe groups around the world are using ideology as a
battering-ram to crash the gates of tolerance and freedom, but their ideas will
eventually be relegated to the rubbish heap of abandoned fallacies as more
people acquire the education to dismantle antiquated, self-evident dogma.
In Singapore, repeal of 377A would
effectively be window dressing; gays work, socialize, and recreate without the
legal harassment they would endure in many other countries. The repeal,
however, would generate positive attention globally and enhance the country’s
brand image as a beacon of pragmatism in a region still making social and
economic progress. Further, it would be a symbolic moment domestically,
possibly making life more comfortable for Singapore’s talented would-be
emigrants. Shane Tan, a budding Singaporean blogger and one example of the country’s
youthful creativity on the brink of departure, argues that the repeal would
encourage “an accepting environment in which talented, creative, intelligent
Singaporeans who happen to be LGBT would want to stay and not flee.” Arguably,
Lee Kuan Yew himself would agree that retaining local talent helps Singapore
maintain a competitive edge. Indeed, Lee even said of
homosexuality, “It’s a matter of time before it’s accepted here.” That time
came much sooner than expected in the United States; it may in Singapore as
well. Gay marriage is only a distant hope, but decriminalization of
homosexuality is an increasingly realistic prospect.
Kris Hartley
is a Visiting Lecturer in Economics at Vietnam National University – Ho Chi
Minh City, and a PhD Candidate at the Lee Kuan Yew School of Public Policy,
National University of Singapore.
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