By Melanie Nathan, July 17, 2024
Today, the Supreme Court of Ghana, led by Chief Justice Gertrude Torkornoo, deferred decisions on two separate applications seeking to stop the transmission of the anti-LGBTQ+ bill from Parliament to the Presidency.
Dr. Amanda Odoi and Richard Dela Sky filed these applications to prevent the bill from becoming law.
The court will now address the constitutionality of the "Human Sexual Rights and Family Values Bill, 2024" and potential procedural breaches in its parliamentary process.
The Speaker of Parliament's lawyer, Thaddeus Sory, will seek to consolidate the cases, and a panel will be composed once all necessary processes are completed.
Both cases are adjourned indefinitely.
(The purpose of today's ruling, now delayed - The court was supposed to rule on Dr Amanda Odoi and Richard Dela Sky's applications for an interlocutory injunction against the transmission of the anti-LGBTQ+ bill to the presidency by Parliament, for assent or otherwise. Note that, this preliminary ruling, was expected to focus on whether the Speaker of Parliament can continue presiding on the Bill and its transmission from parliament to the president. The Supreme Court said during the July 3, 2024, hearing that they will give separate rulings on the two applications.)
While seemingly prudent, these are typical delays given the sensitive nature of the case, and is typical Judges in such cases that involve societal taboos go to great lengths to delay finality.
I predict this process will be lengthy.
In the meantime the country conditions are continuing to be very dangerous for LGBTQI+ people, as society and state actors continue their violent attacks on diverse human sexuality and gender identity.
The Family Values Act (FVA) that passed and yet to be fully enacted, as the subject of these cases still serve to license such persecution as state and non state actors respond as it it is in force.
No matter which way these cases go - the extremely high rate of anti-gay sentiment - at over 90% - will not change.
The Promotion of Proper Human Sexual Rights and Family Values Act 2024, is one of the most harsh enactments against LGBTI people and their allies ever to be enacted worldwide, not to mention the continent of Africa. It criminalizes identity and more - not just same-sex acts. If you simply hold out as being lesbian, gay, bisexual, transgender, queer, non-binary, (and more ids) and even if as an ally or advocate, you can go to jail for three years.
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