Supreme Court dismisses petition against anti-gay bill

The Supreme Court of Ghana, in a unanimous ruling by a seven-member panel led by Justice Lovelace Avril Johnson, has dismissed a petition challenging the constitutionality of the Human Sexual Rights and Family Values Bill.

The petition, filed by broadcast journalist and lawyer Richard Dela Sky, sought a declaration that the bill, which has sparked intense national debate, was unconstitutional and void. The court, however, rejected this claim and upheld the constitutionality of the legislative process behind the proposed anti-LGBTQI legislation.

The controversial bill aims to criminalize activities related to the advocacy of lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI) rights. Should it pass into law, it would impose penalties on individuals involved in promoting, funding, or indirectly supporting LGBTQI-related activities.

Supporters of the bill argue that it is necessary to protect Ghanaian cultural and family values from perceived foreign influences. However, critics, including human rights organizations, have condemned it as a breach of fundamental rights, particularly the freedoms of expression, association, and equality. They warn that the bill could foster an environment of discrimination and persecution against the LGBTQI community in Ghana.

In addition to Sky’s petition, equality advocate Amanda Odoi also filed a separate legal challenge, arguing that Parliament had failed to meet quorum requirements as outlined in Articles 102 and 104 of the Constitution, rendering the bill’s passage unconstitutional.

However, the Supreme Court dismissed both petitions, clarifying that as the bill had not yet received presidential assent, it was not yet an enacted law and could not be subject to judicial review on constitutional grounds. The court emphasized that legislative processes cannot be challenged on constitutional grounds until a bill becomes law.