Botswana High Court Ok's Same Sex Marriage

Botswana’s High Court has overturned a colonial-era law criminalizing consensual same-sex relations in a landmark victory for Africa’s LGBTQ movements.

Under section 164 of Botswana’s Penal Code, “carnal knowledge of any person against the order of nature,” was an offense that carried a maximum sentence of seven years imprisonment. Section 167 made “acts of gross indecency” whether in public or private a punishable offense, with up to two years in prison.

The case was brought to court in March by Letsweletse Motshidiemang, a 21-year-old student at the University of Botswana, who argued that society had changed and that homosexuality was more widely accepted, local media reported.

While homophobic attitudes continue to prevail in parts of the country, Botswana’s LGBT activists and supporters have marked some victories for the movement in recent years.

The 2010 Employment Act made it illegal for employers to terminate contracts on the basis of sexual orientation, and two landmark rulings in October and December 2017 laid the foundation for transgender people to easily change their official gender on identity documents.
Today’s historic ruling is a win for LGBT activists and supporters in a country and region where homosexuality remains largely taboo. The court overturned the criminalization of the law.

Out of 54 African countries, at least 32 of them have enacted laws making it illegal to engage in gay sex, according to the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGBTA).

Amnesty International called on other African nations to follow Botswana's example in "an exciting new era of acceptance."

U.N. Secretary-General Antonio Guterres joins U.N. human rights chief Michelle Bachelet and the acting executive director of UNAIDS, Gunilla Carlsson, "in warmly welcoming the landmark decision by Botswana's High Court to decriminalize consensual same sex relations," U.N. spokesman Dujarric said.

"It is a day to celebrate pride, compassion and love," Carlsson said in a statement after Tuesday's ruling. Prohibitive legal environments increase the vulnerability of gay men, transgender women and others to HIV, the statement said.