IN a pivotal decision on Wednesday, Ghana’s Supreme Court dismissed a legal challenge aimed at preventing parliament from passing an austere anti-LGBTQ bill, setting the stage for its potential ratification.
Since August 2021, lawmakers in the West African nation have been deliberating on a bill that would criminalize same-sex relations, transgender identity, and advocacy for LGBTQ rights. The bill has garnered support from most members of parliament.
Critics and activists have expressed concern that the proposed Human Sexual Rights and Ghanaian Family Values bill would significantly curtail freedoms in a country where engaging in gay sex already carries a punishment of up to three years in jail.
In an effort to halt the bill’s progress, Amanda Odoi, an academic researcher, filed a lawsuit on July 7, questioning its constitutionality. She argued that the bill’s enactment could have adverse effects on donor aid and financial support for the country. However, Ghana’s Supreme Court ruled on Wednesday that her arguments were not sufficiently persuasive to warrant an injunction.
With the legal challenge dismissed, the bill, considered one of the most severe anti-LGBTQ measures in Africa, is now poised to enter the final stage of parliamentary approval before it can be signed into law.
Similar concerns were raised in May when Ugandan President Yoweri Museveni signed one of the world’s most stringent anti-LGBTQ laws, which included the provision of the death penalty for ‘aggravated homosexuality.’
Ghana’s bill, supported by religious and traditional leaders, proposes jail sentences of up to 10 years for advocating LGBTQ rights. Additionally, publishing content deemed pro-LGBTQ or challenging traditional binary gender identities could also lead to prosecution.
The United Nations expressed concerns in 2021 that the proposed law would create ‘a system of state-sponsored discrimination and violence’ against sexual minorities. Opponents of the bill also contend that it could encourage conversion therapy, as sentences may be reduced for those found guilty if they request treatment, a practice that U.N. experts have warned could lead to torture.
Despite the opposition and international outcry, the bill is now one step closer to becoming law, raising serious concerns about the impact on the LGBTQ community in Ghana.
