Ghana’s Supreme Court has upheld a 60-year-old law that criminalizes same-sex sexual acts. This ruling comes as the West African nation braces for a potential intensification of anti-LGBTQ+ legislation under a proposed new bill. The seven-member judicial panel, led by Justice Paul Baffoe-Bonnie, dismissed a lawsuit challenging the constitutionality of the existing law. Justice Baffoe-Bonnie indicated that detailed reasons for the court’s decision would be provided at a later date. The 1960 Ghanaian Criminal Code labels same-sex sexual conduct as “unnatural carnal knowledge,” with violators facing up to three years in prison.
However, this penalty could increase significantly if the Human Sexual Rights and Family Values Bill, which was passed in February, becomes law. The bill proposes harsher sentences and aims to crack down on activities promoting LGBTQ+ rights and identities. The court has delayed ruling on whether this bill should be forwarded to President Nana Akufo-Addo for final approval, citing the need to first determine its constitutionality.
Prince Obiri-Korang, a law lecturer, initially brought the lawsuit to the Supreme Court in 2021. He argued that the criminalization of same-sex acts infringes on the constitutional right to privacy. This case has sparked intense debate in Ghana, with advocates for LGBTQ+ rights pushing for legal reforms and conservative groups staunchly defending traditional values.
The Supreme Court’s decision is seen as a significant setback for LGBTQ+ activists in Ghana, who have been striving for greater acceptance and legal protections. The ruling underscores the ongoing challenges faced by sexual minorities in the country, where cultural and religious attitudes towards homosexuality remain overwhelmingly negative.
The 1960 law has long been a point of contention, with international human rights organizations urging Ghana to decriminalize same-sex relationships. These groups argue that the law violates fundamental human rights and contributes to a climate of discrimination and violence against LGBTQ+ individuals.
Despite these calls for change, the current political and social situation in Ghana appears resistant to reform. The proposed Human Sexual Rights and Family Values Bill has garnered substantial support from both lawmakers and the general public, reflecting ingrained conservative views.
If enacted, the bill would not only increase prison sentences for same-sex acts but also criminalize the advocacy, funding, and promotion of LGBTQ+ activities. This broad scope has raised concerns among human rights defenders, who fear it could lead to widespread persecution and further marginalization of LGBTQ+ people.
