Chief Justice Gertrude Torkornoo
In a landmark decision, the Supreme Court has unanimously dismissed a case challenging the passage of the Human Sexual Rights and Family Values Bill, commonly referred to as the Anti-LGBTQ+ Bill.
The court’s decision is a significant blow to media personality Richard Dela Sky and Dr. Amanda Odoi, a researcher at the University of Ghana, who had filed the suit contesting the bill’s constitutionality.
The plaintiffs had alleged that the bill violated multiple provisions of the 1992 Constitution, including Articles 33(5), 12(1) and (2), 15(1), 17(1) and (2), 18(2), and 21(1)(a)(b)(d) and (e).
They had also sought a declaration that the Speaker of Parliament had breached Article 108(a)(ii) by allowing the passage of a bill that imposes financial obligations on the Consolidated Fund or other public resources.
However, the apex court found no merit in their claims and dismissed the case in its entirety.
This decision is not the first time the Supreme Court has weighed in on the Anti-LGBTQ+ Bill.
In an earlier ruling, the court had dismissed a request to halt Parliament’s consideration of the bill, stating that the matters raised would be dealt with in a substantive case.
The Anti-LGBTQ+ Bill has been a contentious issue in Ghana, with proponents arguing that it is necessary to protect traditional values and opponents claiming that it is discriminatory and unconstitutional.
The bill’s passage has sparked widespread debate and outrage, with many calling for its repeal.
The Supreme Court’s decision is likely to have significant implications for the LGBTQ+ community in Ghana, who may face increased persecution and marginalization as a result of the bill’s implementation.
-BY Daniel Bampoe