In a landmark decision, Ghana’s Supreme Court has rejected two legal attempts to overturn the controversial Sexual Rights and Family Values Bill, a law that severely limits the rights of LGBTQ individuals.
The bill, which was passed by Ghana’s lawmakers in February 2024, has been a hot topic of debate. While it has been strongly supported by many Ghanaians, it has also faced severe condemnation from international groups, including human rights organizations.
The law, if ratified by President Nana Akufo-Addo, will impose harsh penalties on LGBTQ individuals. This includes prison sentences ranging from six months to three years for anyone caught engaging in same-sex relationships.
The Supreme Court ruling comes after legal challenges were filed by Ghanaian broadcaster Richard Dela-Sky and university researcher Amanda Odoi. They argued that the bill was unconstitutional and violated fundamental rights.
Judge Avril Lovelace-Johnson, who was presiding over the seven-member panel, stated that it would be “premature” for the court to intervene before the bill becomes law. She made it clear that the court had no jurisdiction to block the bill until President Akufo-Addo ratifies it.
“Until there is presidential assent to the bill, there is no act of which the Supreme Court will use its supervisory jurisdiction to overturn,” Judge Lovelace-Johnson explained in the ruling.
This decision has raised the stakes in the ongoing debate. The bill is now one step closer to becoming law, but it still requires the final approval of President Akufo-Addo. He has previously said that he would wait for the Supreme Court’s decision before taking any action.
Akufo-Addo, who is set to leave office on January 7, has not yet made a public statement on whether he will approve the bill or not. His decision will have a significant impact on the future of LGBTQ rights in Ghana.
The bill, known as the Sexual Rights and Family Values Bill, has sparked widespread opposition from international bodies. The United States, in particular, has been vocal in its criticism of the law, with concerns that it violates human rights and could harm Ghana’s international reputation.
The bill’s supporters, however, argue that it is necessary to protect the values and traditions of Ghanaian society. Many in the country view homosexuality as immoral and a threat to the country’s cultural and religious values.
Ghana’s finance ministry has also expressed concerns over the potential economic consequences of the bill. Officials have warned that Ghana could lose billions of dollars in international funding, including from the World Bank, if the law is enacted.
Despite these warnings, the bill continues to receive strong backing from a large portion of the Ghanaian population. Many see it as a victory for traditional values and an important step in protecting the family structure.
The Supreme Court’s decision is seen as a significant victory for those in favor of the bill. It shows that the courts are unwilling to intervene in the legislative process, at least until the bill has been officially ratified.
The ruling is also a blow to the opponents of the bill, who have been fighting to have it declared unconstitutional. For now, they have lost their battle in court, but the final outcome depends on President Akufo-Addo’s next move.
As the debate continues, all eyes are now on the President. His decision on whether to sign the bill into law will be watched closely, both within Ghana and around the world.
For many LGBTQ rights activists, the fight is far from over. They have vowed to continue to challenge the bill and to push for equal rights for all Ghanaians, regardless of their sexual orientation.
The future of LGBTQ rights in Ghana now hangs in the balance. It will ultimately depend on the actions of President Akufo-Addo and whether he chooses to uphold the values of his supporters or listen to the growing calls from the international community to protect the rights of LGBTQ individuals.
As the law moves closer to becoming a reality, the tension between protecting traditional values and advancing human rights will remain at the forefront of the national debate.
Ghana is at a crossroads, and the Supreme Court’s ruling is just one chapter in the ongoing story of the country’s journey towards defining its values and its future.
