Ghana: Supreme Court Dismisses Anti-LGBTQ+ Bill Challenges

In a troubling development, Ghana’s Supreme Court has rejected two petitions challenging the country’s draconian Anti-LGBTQ+ Bill, clearing the way for it to potentially become law.

On Wednesday, a seven-member panel of the court unanimously dismissed efforts to block the legislation, officially titled the Human Sexual Rights and Family Values Bill, which Parliament passed earlier this year.

The petitions contested the bill on several grounds, arguing that it was unconstitutional, violated fundamental human rights and freedoms, and was passed through improper procedures.

In a televised decision, the court stated that after hearing oral arguments and reviewing the submissions, it concluded that it lacked jurisdiction to rule on the bill’s validity at this stage.

The justices argued that as the bill is still in the legislative process, it is “premature for this court to exercise its interpretative and enforcement jurisdiction to intervene.” They added: “Consequently, the action fails and is dismissed.”

This decision implies that the court believes it can only assess the bill’s constitutionality once it has been enacted into law.

Local human rights organisation Rightify Ghana noted that the ruling “clears the path for the Anti-LGBTQ+ Bill, which Parliament passed on 28 February 2024, to proceed.”

Outgoing President Nana Akufo-Addo had previously delayed accepting the bill from Parliament for his signature, citing the pending court challenge, a move that angered many MPs. The ruling now compels him to decide whether to approve the legislation.

President-elect John Mahama, who will be inaugurated on 7 January 2025, has not yet confirmed whether he would sign such a bill into law if it reaches his desk.

If enacted, the Human Sexual Rights and Family Values Bill would impose prison sentences of up to five years for same-sex intimacy. It would criminalise gender-affirming surgery, identifying as LGBTQ, or even supporting LGBTQ rights.

Additionally, the bill proposes penalties of up to 10 years in prison for individuals or organisations “promoting” or advocating for LGBTQ rights. Landlords who rent properties to LGBTQ individuals could face up to six years in jail.

Human rights advocates have condemned the bill as one of the most repressive anti-LGBTQ+ measures in Africa, warning of severe consequences for LGBTQ individuals and their allies.