Ghana’s Supreme Court has dismissed two cases challenging the constitutionality of the Human Sexual Rights and Family Values Bill. The bill seeks to criminalise same-sex relationships, public identification as Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) individuals, and the organisation or funding of LGBTQ groups.
The court’s seven-member panel unanimously rejected the petitions filed by journalist Richard Dela Sky and academic Amanda Odoi. This decision allows the legislation to move closer to becoming law.
Lawmakers approved the bill earlier this year, proposing prison sentences of up to three years for individuals identifying as LGBTQ. It also includes penalties of up to five years for those organising or funding LGBTQ groups. While many Ghanaians strongly support the bill, it has faced sharp criticism from the United Nations and rights groups.
Judge Avril Lovelace-Johnson delivered the ruling and stated that the court could not intervene because the bill had not yet been signed into law. She explained that taking action before presidential assent would be premature.
President Nana Akufo-Addo, whose term ends on January 7, delayed signing the bill. He said he was waiting for the Supreme Court’s decision before taking any action. Opposition leader and incoming president, John Mahama, has openly supported the bill. He is expected to push for its enactment if it remains unsigned.
The legislation has also raised economic and international concerns. Ghana’s finance ministry warned that passing the bill could jeopardise billions of dollars in World Bank funding. International groups argue that the bill violates human rights and could damage Ghana’s reputation globally. Petitioners Odoi and Sky say they plan to review the full judgement before deciding on their next steps. Similar to Ghana’s stance, however, same-sex relationships is frowned upon in many Africans communities.
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