The couple will now take their legal challenge to the Court of Appeal, the top judicial body in Singapore.
“The journey to a fair Singapore is long and we may not succeed,” the couple said in a statement. “But no matter if we succeed or fail, it is important to continue fighting because we are loyal Singaporeans who have served our nation and we do not deserve to be treated like lesser beings who can be put into prison at the whims of the police, nor do we deserve to be treated as lesser beings by those who do not understand the obstacles and pain faced by LGBT (lesbian, gay, bisexual and transgender) Singaporeans.”
According to Pink News, a campaign to raise money to fund their constitutional challenge has surpassed its S$50,000 (1.4 million baht) target.
Oral and anal sex between heterosexual women and lesbians were sanctioned after the penal code was reviewed in 2007, but the ban remains in place for men who have sex with men.
Section 377A says: “Any male person who, in public or 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 two years.”
The law dates back to British colonial rule in Singapore. Although it is not proactively enforced by the authorities, it carries a maximum penalty of two years in jail.