A gay couple in Singapore who took their government to court over a law that criminalizes sex between men have said the High Court judge’s decision to uphold the ban is ‘disheartening’.

‘We are disappointed that the High Court ruled against us and upheld s377A,’ said Gary Lim and Kenneth Chee in a statement.

‘Having been together for 15 years, it is disheartening that we are criminals in the eyes of the law because of a segment of society that will not live and let live, but insist on pushing their version of religion and morality on us.’

Justice Quentin Loh ruled against the couple in Singapore’s Hight Court yesterday (10 April).

Loh made his ruling referring to a 2007 parliamentary debate on the issue, which resulted in Prime Minister Lee Hsien Loong deciding the law should remain, but not be enforced unless minors are involved or the act is in public.

‘Our courts cannot substitute their own views for that of Parliament,’ Loh said in his judgement.

‘To my mind, defining moral issues need time to evolve and are best left to the Legislature to resolve…

‘The issue in the present case no doubt is challenging and important, but it is not one which, in my view, justifies heavy-handed judicial intervention ahead of democratic change.’

Loh said that the law criminalizes male homosexual sex because it ‘is not acceptable in our society’.

Lim and Chee disagree with that Singapore society does not accept homosexuality, saying that they feel ‘that most Singaporeans do not believe that gay people should be jailed for something they can’t change’.

Paerin Choa, spokesperson for Pink Dot, Singapore’s annual celebration of LGBT people’s ‘freedom to love’ (which 15,000 people attended last year) said:

‘Pink Dot fully supports Kenneth and Gary in their journey to help build an inclusive Singapore. We wish them all the best in this and believe that a growing number of Singaporeans are with us in trying to create a tolerant and loving Singapore.’

LGBT-friendly Singaporean priest Rev Yap Kim Hao said:

‘On the repeal of 377A, the signs are clear all around us. The tide is rising fast. It is even admitted by them to be "evolving." It is at a slow speed here in a rapidly changing world. The judgment is upon those who resist change and pulling us backward.’

In his judgement Loh responded to the argument that Singapore should respond to the worldwide movement towards rights for LGBT people. ‘Singapore is an independent nation with its own unique history, geography, society and economy,’ he said.

Singaporean LGBTQ youth group Young Out Here said that Loh’s judgement will have a negative impact on young people.

‘As a youth group dedicated to safeguarding the welfare of young LGBTQ Singaporeans, Young OUT Here is deeply disappointed with the High Court of Singapore’s decision to dismiss the constitutional challenge against Section 377a of the Penal Code,’ said co-founder Benjamin Xue.

‘Such a decision would have an adverse impact on the wellbeing of young Singaporeans, many of whom face discrimination daily, in the form of teasing, bullying, and even outright physical abuse.’

Lim and Chee’s legal team are looking into appealing the ruling.