In the Name of Marriage? The Constitutionalisation of Queer Subordination in Singapore
摘要
In 2022, at the same time that Singapore decriminalised male same-sex intimacy, the constitution was amended to insert a new art 156 titled “Institution of marriage”. The new constitutional provision shields all laws, policies and executive action that define or are based on the heterosexual definition of marriage from being invalidated for violating the constitutional rights of queer persons. Art 156 represents a novel departure from anti-same-sex marriage constitutional provisions in other jurisdictions, which either define marriage as a heterosexual institution or prohibit same-sex marriage. Informed by comparative constitutional scholarship and queer legal studies, this article argues that art 156 represents the constitutionalisation of queer subordination by enshrining in the supreme law of the land the subordinate status of queer persons. Given the implications of art 156 on the pursuit of queer justice in Singapore, it proposes an alternative path forward beyond each of marriage, equality and the law.