Three days ago, the Court of Appeal has just judged the law was conform to the constitution, because everyone is guaranteed equal rights no matter their sex, race or religion, and this doesn't include sexuality.
The Straits Times: http://www.straitstimes.com/news/singapore/courts-crime/stor...
The original judgement: https://s3.amazonaws.com/s3.documentcloud.org/documents/1348...
We may disagree with Singapore and think that most sexual acts shouldn't be illegal. But how can we go around saying law can't regulate behavior? This is one of my big problems with the gay "rights" lobby of today -- they're trying to make it illegal to legislate basically anything. If you disagree with the law, change the law, don't codify sweeping generalizations that set a precedent of "I was born this way and I can't control it" as an excuse for any illegal behavior.
Only the most basic principles are protected by things like the American Bill of Rights, and the specific behavior must be tested by the courts to see if it conforms to the principles enshrined as fundamental rights.
The law that exists states explicitly that anal and oral sex, only between members of the same sex, is illegal. Both of these acts have been specifically made legal for a heterosexual pair.
The only difference between these two scenarios? The gender of one participant. A woman may receive anal sex from a man, but a man may not. Discrimination based on gender.
Besides that I generally approve your comment, let's quote the section that was judged by the Court of Appeal 3 days ago as conform to the constitution:
""" Article 377A
Any male person who, in public or in private, commits, or abets the commission of, or procures or attempts to procure the commission by any male person of, any act of gross indecency with another male person, shall be punished with imprisonment for a term which may extend to 2 years.
"""
"No troops quartered in your house", "you get a jury trial if it involves more than $X", and "powers not taken by the feds are granted to the states" don't seem like 'basic principles' to me. They seem a bit more complex and somewhat arbitrary.
I didn't say the Singaporean law is stupid or retarded. I'm underlining the huge leap.
It's up to the reader really to forge an opinion. Let's not forget that Singapore is a very developed country, has major exchanges with our other countries of the western world, include trade, research, patents, high-educated migrants both ways and we have influence both ways. And yet, they don't guarantee some citizenship rights (aka: immediate arrestation and 2 years jail time) on the basis of what you would do in a private room between two consenting adults. Up to the reader to make an opinion.
In the U.S., the Equal Protection Clause of the 14th Amendment prohibits a state from denying any person "the equal protection of the laws." This would appear to forbid discrimination based on any characteristic at all. Of course, governments make distinctions based on people's characteristics all the time. These range from the mundane (persons with poor vision can be required to wear corrective lenses while driving) to the highly consequential (American citizens of Japanese ancestry can be interred during a war against Japan).
The history of the Equal Protection Clause, then, is a long and messy process of sorting out what kinds of discrimination are permissible and what aren't. And there has been a lot of movement, especially during last few decades. Consider that during the lifetime of George Takei, the EPC was interpreted to permit the internment of his family (Korematsu v. United States, 1944) and giving him the right (in California) to marry his husband of the same sex (Hollingsworth v. Perry, 2013).
The current standard is that that you can discriminate on a basis other than certain "suspect" classifications if the discrimination is reasonably related to a legitimate government interest.
In the recent Windsor case, the Supreme Court concluded that the federal Defense of Marriage Act failed to meet even that minimal standard. Many lower courts have invalidated state same sex marriage bans on the same basis.
You can argue that it is the place of the legislature to decide what classifications it can use in lawmaking, but that raises two problems. First, the clause is part of the Constitution and it must impose some limit on the power of state legislatures, and there needs to be a process for interpreting what that limit is. Second, history has shown that the political process doesn't always protect unpopular minorities (though there are also good arguments that courts are not that much better).