Ghana's Supreme Court Upholds Anti-Gay Law Amid Legislative Changes

Ghana's Supreme Court has reaffirmed a long-standing law that criminalizes gay sex, dismissing a lawsuit that sought to challenge its constitutionality. The ruling, delivered by a seven-member panel led by Justice Paul Baffoe-Bonnie, comes as the country anticipates a decision on a proposed bill that could impose even stricter penalties for same-sex relations. The court has indicated that it will provide detailed reasoning for its decision at a later date. The Criminal Code of 1960 categorizes same-sex sexual acts as "unnatural carnal knowledge," with offenders facing a maximum sentence of three years in prison. However, if the Human Sexual Rights and Family Values Bill, introduced in February, is enacted, penalties could increase significantly. This bill aims to intensify government efforts against individuals promoting LGBTQ+ rights and identities, raising concerns among human rights advocates. Earlier this month, the Supreme Court postponed its ruling on whether the controversial bill should be sent to President Nana Akufo-Addo for approval, emphasizing the need to first assess its constitutionality. The ongoing legal battles reflect a broader societal debate in Ghana regarding LGBTQ+ rights and the implications of existing laws on personal freedoms. Law lecturer Prince Obiri-Korang, who initiated the lawsuit in 2021, argued that the 1960 law infringes upon the constitutional right to privacy, highlighting the tension between traditional values and evolving human rights standards in the country.