Ghana’s Legal Landscape: Supreme Court Decision on the Anti-LGBTQ Law Explained
On December 18, 2024, Ghana’s Supreme Court dismissed two legal challenges against the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill, commonly known as the anti-LGBTQ bill.
This decision clears the way for the bill, which Parliament passed unanimously on February 28, 2024, to become law upon receiving presidential assent.
The bill introduces stringent measures against LGBTQ+ individuals and activities, including:
- Criminalization of LGBTQ+ Identification: Individuals identifying as LGBTQ+ face prison sentences ranging from six months to three years.
- Penalties for Promotion and Advocacy: Promoting or advocating LGBTQ+ rights is punishable by up to ten years in prison.
- Prohibition of Sponsorship: Sponsoring LGBTQ+ activities is also criminalized under the new law.
Outgoing President Nana Akufo-Addo had previously stated he would await the Supreme Court’s ruling before deciding on the bill.
With the court’s dismissal of the challenges, the bill now awaits his signature to become law.
The legislation has garnered significant support within Ghana, a country with conservative views on sexuality.
However, it has faced international condemnation from human rights organizations and foreign governments concerned about its implications for human rights and freedoms.
Critics argue that the bill violates constitutional rights to privacy and freedom of expression.
Supporters, including some religious and political leaders, contend that it reflects Ghanaian cultural and moral values.
The Supreme Court’s decision is expected to intensify the debate over LGBTQ+ rights in Ghana and may influence international relations, particularly concerning foreign aid and diplomatic ties.