Ghana’s Supreme Court has dismissed two legal challenges seeking to overturn the controversial anti-LGBTQ bill passed by parliament earlier this year.
The court ruled on Wednesday that it cannot intervene until the bill receives presidential assent. Delivering the court’s decision, Avril Lovelace-Johnson, head of the seven-member panel, stated, “Until there is presidential assent to the bill, there is no act of which the Supreme Court will use its supervisory jurisdiction to overturn.”
The proposed legislation, officially titled the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill, 2021, has sparked heated debate across Ghana and drawn international criticism. It seeks to:
– Increase the maximum prison sentence for same-sex activities from three to five years.
– Criminalize self-identification as LGBTQ, queer, pansexual, or any other non-traditional gender identity.
– Punish individuals and organizations that provide support or advocacy for LGBTQ rights, including online activism.
The bill, passed by parliament in February 2024, is still awaiting the signature of President Nana Akufo-Addo to become law.
Critics argue the bill represents an escalation of persecution against LGBTQ individuals and their allies. Ghana’s existing Criminal Offences Act of 1960, inherited from British colonial rule, already criminalizes “unnatural carnal knowledge,” which has been interpreted to include same-sex relationships and even the use of sex toys.
Responding to the court’s decision, Human Rights Watch’s interim director for LGBTQ rights, Rasha Younes, remarked, “Ghana’s Supreme Court unfortunately upheld the British colonial legacy of criminalizing so-called ‘unnatural sex.’ This law violates constitutionally protected rights to privacy and personal liberties.”
Younes also urged President Akufo-Addo to veto the bill, stating, “The court’s failure to uphold basic rights for LGBTQ people only further emphasizes why the president should veto the new bill.”
The bill has drawn opposition from notable Ghanaians, including Samia Nkrumah, a former member of parliament and daughter of Ghana’s first president, Kwame Nkrumah. She called the legislation “brutal, harsh, and unjust” and urged President Akufo-Addo to reject it.
Roman Catholic Cardinal Peter Turkson has also voiced his objections, cautioning against the bill’s potential repercussions on human rights.
While the bill remains unsigned, it continues to polarize Ghanaian society and attract global attention. Advocates for LGBTQ rights warn that its passage would deepen discrimination and marginalization, while supporters argue it reflects Ghanaian cultural and moral values.
All eyes are now on President Akufo-Addo as he faces mounting pressure to either approve or veto the controversial legislation.
