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Is Israel ‘gay heaven?’ It’s complicated

American LGBT delegation visits Middle East

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Kevin Naff, Andy Sacher, Tamika Butler, John Campbell, Brad Sears, Paula Abdul, Jorge Valencia, Kirk Fordham, Malcolm Lazin, Project Interchange, Israel, Palestine, gay news, Washington Blade
Kevin Naff, Andy Sacher, Tamika Butler, John Campbell, Brad Sears, Paula Abdul, Jorge Valencia, Kirk Fordham, Malcolm Lazin, Project Interchange, Israel, Palestine, gay news, Washington Blade

Project Interchange participants ran into Paula Abdul in the Jerusalem market. From left-right: Kevin Naff, Andy Sacher, Tamika Butler, John Campbell, Brad Sears, Paula Abdul, Jorge Valencia, Kirk Fordham and Malcolm Lazin. (Photo courtesy Project Interchange)

When a delegation of nine LGBT leaders from the United States arrived last month in Israel for an intensive seminar, we knew the gay residents of progressive Tel Aviv enjoyed broad acceptance and myriad legal protections. But imagine our surprise when TV personality Gal Uchovsky announced that we had arrived in “gay heaven.”

Israel is “the best LGBT country in the world,” he told us, adding that the nation’s LGBT residents face no serious problems that he could identify. A gay child growing up in rural Israel is better off than a similar kid in the rural United States, he observed. Homelessness is rare here and Israeli parents embrace their gay kids because, well, better to be gay than dead.

Uchovsky is a proud cheerleader for his country, which is endearing, though his privileged worldview has perhaps shielded him from some unpleasant, inconvenient realities. Life for LGBT Israelis is, indeed, more complicated than Uchovsky’s rosy assessment and, thus, our trip’s catchphrase was cemented: “It’s complicated.”

The stellar seminar, sponsored by Project Interchange, a program of the American Jewish Committee, brought me well out of my comfort zone and right into Ramallah and to the edge of the Gaza Strip. The focus of the visit — LGBT issues — was often overshadowed by the frustrating stalemate of the Palestinian-Israeli conflict. Why can’t the two sides come to an agreement on a two-state solution? It’s complicated. And, as we learned, it’s far more complicated than American mainstream media seem to grasp.

And so from the West Bank to Jerusalem to Tel Aviv to the Negev, the nine of us trekked to learn all we could from a diverse range of perspectives, including from Palestinians and Israeli experts critical of the country’s record on LGBT rights. The other eight participants in the weeklong seminar were: Log Cabin Republicans Executive Director Gregory T. Angelo; Tamika Butler of Young Invincibles; gay Harrisburg (Pa.) Treasurer John Campbell; Gill Action Fund Executive Director Kirk Fordham; Equality Forum Executive Director Malcolm Lazin; Lavender Effect Executive Director Andy Sacher; Williams Institute Executive Director Brad Sears; and Point Foundation CEO Jorge Valencia.

We toured Tel Aviv’s bustling, posh community center, touted as the only such center in the world that is municipally owned. The government’s funding of such centers and related LGBT causes is a mixed bag. In the United States, small LGBT non-profits and HIV service providers jockey for limited public grants, often leading to turf wars. But most such U.S. groups aren’t beholden to the government or muzzled by fears of government retaliation. It’s not clear that the same is true in Israel. It’s a dilemma: accept public money to advance your important work and mute your criticisms of the government or reject public funds and risk financial shortfalls that will curb programming. As one speaker put it, “I’d rather our public money went to gay causes than to building another bomb.”

The highlight of that visit for me was hearing from Uzi Even, the first openly gay member of the Knesset and a pioneering elder statesman of the Israeli LGBT rights movement who has helped rid the military of discriminatory policies and liberalize adoption laws. In a true sign of the times, his latest cause involves sorting out Israel’s divorce laws as they relate to same-sex couples.

My advice to Israeli LGBT advocates: Take time now to celebrate and honor the contributions of Even and others like him. Record his personal history and share it with young people. It wasn’t so long ago in Israel when gay sex acts were illegal. Such lightning-speed progress doesn’t happen by accident and brave pioneers like Even deserve our gratitude.

As we made our way up the stairs to meet with Even in the community center, we could hear the giggles of young children and stepped over a pile of neatly arranged kids sneakers in a hallway. Another sign of the times.

Several speakers emphasized the role that a 2009 shooting played in advancing gay acceptance. On Aug. 1, 2009, a gunman burst into the LGBT community center in Tel Aviv and opened fire, killing two and injuring at least 15 others. It’s hard to quantify how significant a role that tragedy played in changing Israeli attitudes toward gays, but our speakers agreed it was a turning point.

It’s a stark contrast to what we see in the United States, where violent hate crimes continue to plague our community, from trans women routinely killed in our inner cities to the recent murder of a gay man in the heart of New York’s gay village. Americans are so inured to violence that these crimes barely register in the mainstream media, let alone lead to a widespread change in attitudes.

After a couple of days in progressive Tel Aviv, we made our way to Jerusalem. In addition to the usual religious sites, a group of us visited the Jerusalem Open House, an LGBT community center engaged in broad grassroots work in the face of complicated problems like funding, space constraints, religious critics who have sometimes turned violent and the ever-present challenge of building relations with Arab residents of the city.

Celebrating gay pride in Jerusalem has been complicated, too. They don’t agree on much, but anti-gay animus was something that united the world’s major religions as conservative Jewish and Arab leaders denounced plans for pride parades in the holy city in recent years. In 2005, marchers were attacked by an ultra-orthodox Jewish man who stabbed three participants. The following year, Jerusalem was selected to host WorldPride, which led to more unrest and violent protests. Some lawmakers in the Knesset attempted to ban gay pride parades in Jerusalem, but those efforts fizzled. Our hosts in Jerusalem insist that relations are improving and that Pride is safer than in the recent past. Here, another stark contrast to the way we celebrate in the United States, with our corporate-sponsored pride villages, beer gardens and all-night parties.

From Jerusalem, we took a daytrip and toured Efrat, a small city in the Gush Etzion settlement bloc with its mayor, Oded Ravivi. The issue of settlements commands a lot of attention in U.S. media coverage of Israel and so I was curious and excited to see one up close. Efrat has eschewed the barbed wire fences that snake through so much of the Israeli landscape and officials have worked to cultivate economic ties with surrounding Palestinian villages. But we learned that such efforts only go so far. When the mayor approached a Palestinian schoolmaster about sending teachers to Efrat to teach Arabic to Israeli kids, he declined, fearing he would be “slaughtered” for collaborating with the Jews.

It was a sobering reminder of how moderates on both sides of the divide are thwarted by the extremists in their midst. Is there a cautionary lesson here for Americans, as our own political rhetoric becomes increasingly dominated by the most extreme, shrill voices of the far left and right; our legislators afraid to compromise and be seen as collaborating with the opposition?

In one awkward moment, a member of our group asked Mayor Ravivi how he would react if one of his children came out to him as gay. He seemed startled by the question and suggested it couldn’t happen in his family. Cue the eye rolling among some of us. Such reactions are common among many who proclaim they don’t discriminate but haven’t devoted much thought to the underlying issues. Gay kids are good for conservative politicians — just ask Dick Cheney.

After absorbing the complicated problems and history of Jerusalem, some of us needed a release and our gracious hosts at Open House took us to the lone gay bar in Jerusalem, called Video, where we had a few drinks and danced till the wee hours alongside a diverse crowd of revelers. Music, indeed, makes the people come together.

 

Accusations of ‘pinkwashing’

 

The concept of “pinkwashing” emerged as a hot topic throughout the week. Some critics claim the country’s embrace of LGBT rights is merely a propaganda effort to claim the mantle of modernity and establish a stark contrast to homophobic regimes in the West Bank, Gaza and elsewhere in the Middle East. These critics claim the government’s support for gay rights doesn’t threaten or undermine the structure of Israel and amounts to a “fig leaf,” and an attempt at distracting attention from the difficult problems of finding peace with the Palestinians.

I’m not convinced. Politics is about the art of the possible, not the ideal and certainly not the perfect. Sometimes we have to accept imperfect solutions or motives in the interest of securing protections for people in need. What’s most striking about Israel’s LGBT record isn’t what it has achieved legislatively or through court rulings, but the fact that all this progress is happening in the heart of the Middle East. Our group trip featuring nine outspoken American LGBT advocates is simply not possible anywhere else in the region. Even compared to the progress we’ve seen recently in the United States, Israel stands out because it is such a young country enacting these reforms. Americans are notoriously forward thinking and, as a result, we tend to forget our history. It was less than 10 years ago when President George W. Bush called for a federal constitutional amendment banning same-sex marriage and scores of states enacted their own constitutional bans. The architect of this shameful attack on LGBT rights was Ken Mehlman, a closeted gay man and modern-day Roy Cohn who has since come out as gay and now raises money for marriage equality campaigns. The change afoot is new and fast but fragile. Would America be seeing such dramatic change now if Mitt Romney had won last year’s election?

Meanwhile, Israel opened its military to out gays and lesbians and transgender service members — something still barred by the U.S. military. There is relationship recognition, if not full marriage equality. The government directly funds and supports the LGBT movement, for better or worse. And it doesn’t hide that support, but promotes it.

Still, some see nefarious motives.

Upon returning home from this trip, I received a letter criticizing the visit from a group called New York City Queers Against Israeli Apartheid. It read, in part:

“The delegation met with some unspecified ‘Palestinian officials in Ramallah,’ which strikes us as nothing but a token gesture. Worse, ‘pinkwashing’ — the attempt to use Israel’s supposedly decent record on gay rights to whitewash Israeli occupation and apartheid — has been front and center in international LGBT organizing over the past several years, particularly in the US. Any delegation of LGBT ‘leaders’ to Israel that doesn’t address it is clearly intended to contribute to pinkwashing.”

Our group was sensitive to pinkwashing from the outset and several of us requested meetings with gay Palestinians and their representatives. Project Interchange worked hard to provide a balanced view of the issues and invited two Palestinian LGBT groups — alQaws and Aswat — to meet with us. Officials at the Tel Aviv and Jerusalem LGBT centers were also asked if they could assist in persuading those groups to meet our delegation or knew of other Palestinian LGBT representatives who would be willing to meet us. Sadly, the groups refused to meet with us. Change is simply not possible without dialogue and I deeply regret this lost opportunity the Palestinians had to engage with an open-minded group of visitors seeking nothing more than understanding and education.

(I invited NYCQAIP to respond to this story and they accepted. I look forward to publishing their reaction and thoughts on pinkwashing in the coming days.)

In Ramallah, we were scheduled to meet with Dr. Saeb Erekat, the chief Palestinian negotiator. He cancelled his appearance and we learned why the next day: He had just submitted his resignation to Palestinian President Mahmoud Abbas over frustration with the pace of negotiations. Abbas rejected Erekat’s resignation but it’s clear that the current talks, which began four months ago with a John Kerry-instigated deadline of nine months, are not going well. Given the sorry record of our involvement in decades of failed talks, perhaps it’s time for the United States to step aside and allow another party a chance at diplomacy.

In Erekat’s place, we met with Abu Zayyad, a scholar and Fatah and PLO adviser. It seemed somewhat silly to ask him about the state of LGBT affairs given all the day-to-day challenges facing Palestinians in the West Bank. But he insisted that there is a level of gay acceptance, even if such views differ widely among family members, noting there are no laws in Ramallah related to gay issues and that there are at least two non-governmental organizations that espouse gay rights. He spent most of his lecture discussing the state of life for Palestinians and much of what he said was not encouraging. He lamented the lack of mobility for Palestinians, who don’t have passports, making international travel difficult at best. Locally, the checkpoints that Ramallah residents must navigate just to visit nearby Jerusalem create daily headaches. Zayyad, who said he spent three months in prison for participating in an anti-Israel protest, fears that a two-state solution will be impossible five years from now, when an estimated one million Israelis could be living in West Bank settlements.

“It will explode again,” he warned.

It’s often been said that Israel is a land of contradictions and that assessment came into sharp focus during our visit. Israel celebrates its status as the only Democracy in the Middle East, while its non-Jewish residents live under a flag adorned with religious iconography. In a nation so steeped in history, Israel is just 65 years old and is surprisingly lacking in many traditions. Located in the heart of the Middle East, where homosexuality can be punished by jail time or even death as in Iran, Israel has emerged as one of the world’s most pro-LGBT nations. A country that is more than 60 percent desert has perfected drip irrigation and desalinated water from the Mediterranean to solve a decades-old water crisis. And in a nation with such ancient religious influences, a large chunk of the population — estimated by one speaker as high as 50 percent — identifies as secular or atheist.

It’s impossible to summarize our weeklong adventure in a couple thousand words. A sincere and heartfelt thank-you to the team at Project Interchange, all of our speakers and to the people of Israel for their hospitality. In addition to the aforementioned experiences, we met with law professor Aeyal Gross, entrepreneur Hamutal Meridor, Times of Israel editor David Horovitz, Jerusalem Post reporter Khaled Abu Toameh, former Knesset member Einat Wilif, film director Eytan Fox and many others. We were serenaded by Ivri Lider; walked the Stations of the Cross; toured Yad Vashem, the Western Wall tunnels, the Mahaneh Yehuda Market and indulged in far too much of Israel’s impressive cuisine. We visited Sderot, Mitzpe Ramon and slathered ourselves in mud before floating in the Dead Sea.

It was in that moment — nine of us standing half naked, covered in mud — that I perceived a lasting bond forming among us. Despite our differing views on policy back home and occasional misunderstandings, we’d been through something emotional, powerful and unique together. An experience impossible to explain or summarize here, because, well, it’s complicated.

Kevin Naff is editor of the Washington Blade. Reach him at [email protected].

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Commentary

Is Ghana’s selective justice a human rights contradiction?

Country’s commitment to human rights appears inconsistent

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Ghanaian flag (Public domain photo from Pixabay)

Ghana’s mission to have the United Nations recognize the trafficking of enslaved Africans and racialized chattel enslavement as the gravest crime against humanity is a historic milestone. The resolution adopted on March 25, 2026, with 123 out of about 180 countries in support, marks a major step toward global acknowledgement of the brutality and inhumanity of slavery. A 2022 report by the Equal Justice Initiative, “The Transatlantic Slave Trade,” highlights how during the slave trade, Africans who were enslaved had no rights, freedom, recognition or protection under the law. They had no voice, no bodily autonomy, no respected identity and could be brutally violated with no legal protection. This history represents a grave crime against humanity.

In my opinion, Ghana and the other countries that voted in favor are entirely right to say that such historic events cannot be sanitized or reduced to diplomatic language. Recognition is the first step towards accountability. This matter is important because it is arguably the foundation of the modern-day injustice and inequality people experience, including wealth inequality, racism, sexism, xenophobia, and queerphobia.

The double standard

Yet, despite this important step on the world stage, Ghana’s commitment to human rights appears inconsistent. The same government advocating for justice for enslaved Africans is enacting laws that jeopardies the rights of Africans today. This contradiction between Ghana’s international stance and its domestic policies is at the heart of the discussion.

In February 2026, the Ghanaian parliament formally received the Human Sexual Rights and Family Values Bill. The bill is a grave threat to the rights to nondiscrimination, protection under the law, privacy and freedom of association, assembly, and expression. It expands criminalization of LGBTQ+ people, and anyone associated with them. This Human Sexual Rights and Family Values Bill calls for a three-year imprisonment for anyone who identifies as LGBTQ+, anyone who has gender affirming treatment, anyone who enters into a same-sex marriage or attends a same-sex wedding and anyone who promotes equal rights for LGBTQ+ people. It turns enforcement into a societal obligation rather than just a state function, encouraging people to report anyone who looks suspicious or different. This further legitimizes the brutal attacks on LGBTQ+ people socially, which leaves the people of Ghana with blood on their hands.  

Ghana’s proposed and reintroduced anti-LGBTQ+ legislation is said to be among the most restrictive in the world and will result in the inhumane treatment of LGBTQ+ people. It not only further criminalizes consensual same-sex relations but also targets civil society organizations that are perceived to be supporting equal rights for LGBTQ+ people. So, if this law passes, it will be illegal to support equal rights and challenge the inhuman treatment of queer Ghanaians and allies. Is this not a double standard? Ghana seeks justice for the ill-treatment of Africans during the transatlantic slave trade but is actively in the process of seeking to harm its own people.

This is not theoretical harm; it is practical harm. According to the Human Rights Watch, LGBTQ+ people in Ghana already face systemic stigma, discrimination, harassment and violence, often enabled by both legal frameworks and social stigma, resulting in a hostile climate.

Ghana falls short of upholding human rights at home

On the global stage, Ghana is arguing that the dehumanization of Africans through slavery was so severe that it constitutes the gravest possible violation of human dignity. This argument rests on a core principle that reducing people to less than fully human is unacceptable under any circumstances.

Back at home, the state is endorsing laws that do exactly that to LGBTQ+ people. Criminalizing identity, suppressing expression, clamping down on civic space, monitoring and surveilling citizens and advocating for social exclusion. These are elements of dehumanization signaling that some are less deserving of protection, dignity, respect, and justice. That is the definition of a double standard.

Supporters of these laws often frame homosexuality as un-African, but this claim does not hold up under scrutiny. In his article, “The ‘Deviant’ African Genders That Colonialism Condemned”, Mohammed Elnaiem emphasizes that historical and anthropological evidence shows that diverse sexualities and gender expressions existed across African societies long before colonial rule. Ironically, many of the laws used to criminalize LGBTQ+ people today trace directly back to the colonial-era. This is even supported by the African Court, which, in December 2020, through its Advisory opinion, made it clear that these colonial-era laws are discriminatory and perpetuated marginalization. The African Court also called on African states to take action in this regard.

It is no secret that anti-rights actors are actively operating in Ghana and supporting leaders to advance their anti-rights agenda. They are increasingly organized, visible, well-funded, and influential in shaping state policy. The upcoming 4th African Inter-Parliamentary Conference on Family and Sovereignty, scheduled to take place in Accra from May 27-30, 2026, is a clear example of this coordination. The conference endorses the so-called African Charter on Family Values, a deeply contested initiative that frames LGBTQ+ people as a threat to children and positions queer identities as foreign ideologies. This platform is being used to legitimize and advance anti-LGBTIQ+ legislation, restrict comprehensive sexuality education and roll back sexual and reproductive health rights. In this context, the treatment of LGBTQ+ people in Ghana cannot be viewed as isolated policy choices, but rather as part of a broader coordinated anti-rights agenda that normalizes and legalizes discrimination. It fuels increasingly inhumane conditions for queer communities and civil society. Ghana is simultaneously rejecting colonial injustice in one breath while enforcing colonial-era morality laws in another.

There is also a legal inconsistency worth noting. Ghana’s own Constitution guarantees the right to life, protection from violence, the right to personal liberty, the right to human dignity, equality and freedom from discrimination and the right to a fair trial. Yet, in practice these rights are not equally applied to LGBTQ+ individuals. Depriving equal rights to LGBTQ+ persons is the same as what the slave owners did to slaves.

You cannot build a credible human rights position on selective application

To be clear, recognizing slavery as a crime against humanity is not diminished by pointing out this contradiction. Both truths can coexist: the UN resolution is a victory and Ghana’s domestic policies remain deeply troubling. In fact, holding both realities together is necessary if the language of human rights is to mean anything at all. Ghana has taken a powerful stand on the global stage. The question now is whether it is willing to apply that same moral clarity at home.

Bradley Fortuin is a consultant at the Southern Africa Litigation Center and a human rights activist.

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Commentary

The cost of speaking one’s mind

Colombian artist José Miel’s recent comments on Pride, LGBTQ community sparked controversy

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José Miel (Photo courtesy of José Miel)

Colombian artist José Medina, known professionally as José Miel, 34, originally from Bogotá, is going through one of the most complex moments of his public career. Following his exit from “La casa de los famosos Colombia,” his name has been placed at the center of a controversy that has gone beyond the realm of entertainment and into a broader terrain: the debate over freedom of expression, diversity, and the limits of dissent within a society that defines itself as inclusive.

Miel is not an improvised figure. His trajectory in music, acting, and television reflects a sustained process of training, work, and exposure across different platforms. He participated in “Yo me llamo” (2019) and “La Descarga” (2022), establishing himself as a versatile artist within the Colombian entertainment industry. His career has been built through effort, in an industry that does not guarantee permanence without discipline.

However, the recent focus is not on his artistic work, but on his statements.

On March 15, the program “La Red” on Caracol Televisión released an interview on its digital platforms in which the singer spoke openly about the difficult moment he is facing, stating that his words — referring to comments he made after leaving “La casa de los famosos” — “cost him dearly.” His opinions on Pride, inclusive language, and the LGBTQ acronym triggered an immediate and polarized reaction.

From that moment on, the debate moved beyond the content of his words and opened another angle that cannot be overlooked.

Miel is known for the precision, firmness, and clarity with which he expresses his ideas. He is not an improvised artist, neither in discourse nor on stage. However, amid this controversy, a question also arises — one that deserves consideration from a journalistic standpoint:

What was the intention of the journalist, commentator, or media outlet that posed the questions leading to these statements?

This is not about shifting responsibility for what was said, but about understanding the context in which it occurred. At a moment in his career marked by multiple opportunities and projects, Miel’s responses placed him at the center of a controversy with real consequences.

In that sense, it is worth asking whether these were genuine questions within an open dialogue, or whether they followed a more provocative line, aimed at generating headlines or exposing the interviewee in a sensitive terrain.

This is not a minor question.

In media environments where every word can be amplified, the role of the one asking the questions is also part of how the story is constructed.

Within this context, this outlet held a phone conversation with the artist this Wednesday in order to gather his position directly. What follows are his responses to three central themes: the consequences of his words, his identity, and his call for respect.

Regarding the personal cost of expressing his opinion, Miel was clear:

You are now paying a high price for speaking your mind.

Do you regret having spoken out, or do you still believe your voice is non-negotiable?

Response:

“I believe that as human beings we all know that giving an opinion on any topic will bring problems. That’s the problem with society: it doesn’t respect other people’s opinions, because many think they are always right, and that’s not the case. Everyone has their reasons, everyone has their opinions, and those must be respected — even if you disagree.

What I expressed was an opinion without discrimination, without harming anyone, without stepping on anyone. And yet the opposite has been done to me: I’ve been trampled on, harmed, threatened, sent very ugly messages, harassed, hate coming from everywhere.

I knew what I was getting into. I knew what could happen. But I am proud of myself. I am proud of my conviction, and I will defend it until the end, because I truly believe in what I said. I do not regret it.”

When addressing his stance on labels, Pride, and how he defines himself, the artist stated:

You say you don’t identify with certain expressions of Pride or with the acronym.

So how do you define who you are, without labels or molds?

Response:

“Well, I don’t identify with Pride marches because they don’t represent me at all. They would represent me if they were respectful and appropriate, because many families attend — children, grandparents, parents … everyone is there.

And it’s quite disrespectful to see many people — not all, I emphasize — exposing their bodies, wearing very little clothing, drinking alcohol, intoxicated, using drugs. I don’t think that’s the way I would seek respect and equality.

I don’t like the term LGBTIQ+ community or all the letters that keep being added, because I feel that these acronyms make people discriminate more. I understand why they exist, because I know that what is not named does not exist, but I feel it is not the right way.

To me, everyone is part of society. We are human beings.

I don’t have labels or molds. I am a man, I am homosexual, and that’s it. The fact that I wear makeup or more feminine clothing is part of my artistic work, part of the stage. My everyday life is completely different.”

Finally, when referring to the reactions he has received, Miel insisted on a point that runs throughout his position:

You speak about respect, yet you’ve received attacks even from within the same community. What do you say today to those who call for inclusion but do not respect when someone thinks differently?

Response:

“I realized that the same community discriminates against itself. Many gay people have written to support me, telling me how brave I am, that they think the same way but don’t dare to speak.

To those who disagree with my opinion, I say: respect it, even if you don’t like it. You can express your opinion because we live in a free country, but do it with arguments, from your perspective, without stepping on others.

Because that is not the way.

I understand the struggles, I understand what is being sought, but I feel that if other ways of fighting were heard, many things could be achieved through respect and equality.

Everyone is free to think and say what they want — but always with respect. It’s that simple.”

Beyond his statements, what the artist is currently facing was also exposed in the March 15 interview on “La Red.” In that space, Miel described in his own words what he called a “string of problems”: constant harassment on social media, direct threats, hate messages, canceled performances, loss of contracts, and stalled projects due to external pressure and boycott warnings.

This situation not only highlights the media impact of his words, but also the material consequences that expressing an opinion can have in today’s digital environment.

His statements also drew reactions from the political sphere. Colombian Congressman Mauricio Toro wrote on social media:

“Hate and discrimination are learned. Sometimes they are so deeply rooted that they turn against oneself. José Miel, neither you nor I have anything to hide or to be ashamed of. Being free and loving without fear is the greatest thing you can experience as a human being.”

However, this position was also criticized. A significant number of users — even those who do not agree with the artist’s statements — have insisted that his right to express his views must be respected, pointing to a growing tension between inclusive discourse and tolerance for dissent.

The case of José Miel goes beyond a media controversy. It reflects a broader reality: the difficulty of sustaining respect when opinions do not align, even within spaces that promote diversity.

In a context where social media amplifies every stance, reactions to difference become immediate and, in many cases, disproportionate.

Beyond individual positions, what happened raises a deeper question:

Is it possible to speak of inclusion if we are not capable of respecting difference?

The philosopher Voltaire left behind an idea that remains relevant:

“I disagree with what you say, but I will defend to the death your right to say it.”

That is the point.

Because if a society is not capable of upholding the right of others to express themselves — even when it is uncomfortable — then it is not building inclusion; it is merely managing agreement.

And in that scenario, the case of José Miel stops being an isolated episode.

It becomes a test.

A test of how far we are willing to go in respecting others when they do not think like us.

Support does not mean agreement.

In this case, support means something more basic and more necessary: defending the right to exist, to think, and to express oneself without being destroyed for it.

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Botswana

Lorato ke Lorato: marriage equality, democracy, and the unfinished work of justice in Botswana

High Court considering marriage equality case

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(Bigstock photo)

As Botswana prepares for the resumption of a landmark marriage equality case before the High Court on July 14–15, the country finds itself at a critical constitutional crossroads.  

At first glance, the matter may appear to be about whether two women, Bonolo Selelelo and Tsholofelo Kumile, can have their love legally recognized. At its core however, this case is about something far more profound: the dismantling of patriarchy, the decolonization of law, and the integrity of Botswana’s constitutional democracy. 

Beyond marriage: a question of power 

Marriage, as a legal institution, has never been neutral. It has historically functioned as a  mechanism for regulating women’s bodies, sexuality, and social roles within a patriarchal  order. To deny LBQ (lesbian, bisexual, and queer) women access to marriage is not merely to exclude them from a legal benefit, it is to reinforce a hierarchy of relationships, where heterosexual unions are deemed legitimate and all others invisible. This case therefore challenges the very foundations of who gets to love, who gets to belong, and who gets to be protected under the law. 

As feminist scholars have long argued, patriarchy is sustained through institutions that  appear ordinary but are deeply political. The law is one such institution. And it is precisely  here that this case intervenes: by asking whether Botswana’s legal system will continue to uphold exclusion, or evolve to reflect the constitutional promise of equality. 

A constitutional journey: Botswana’s courts and human dignity

This is not the first time Botswana’s courts have been called upon to affirm the dignity of  LGBTQI+ persons. Over the past decade, the judiciary has built a progressive body of  jurisprudence grounded in equality, nondiscrimination, and human dignity. 

In Attorney General v. Rammoge and Others (Court of Appeal Civil Appeal No. CACGB 128-14, 2016), the Court of Appeal upheld the right of LEGABIBO to register as an organization. The court affirmed that: 

“The refusal to register the appellant society was not only unlawful, but a violation of the  respondents’ fundamental rights to freedom of association.”

This was followed by the ND v. Attorney General of Botswana (MAHGB-000449-15,  2017) case, where the High Court recognized the right of a transgender man to change his gender marker. The court held: 

“Gender identity is an integral part of a person’s identity … and any interference with  that identity is a violation of dignity.” 

In Letsweletse Motshidiemang v. Attorney General (MAHGB-000591-16, 2019), the High Court decriminalized same-sex activity, declaring sections of the Penal Code unconstitutional. Justice Leburu powerfully stated: 

“Human dignity is harmed when minority groups are marginalized.” 

This decision was affirmed by the Court of Appeal in Attorney General v. Motshidiemang (CACGB-157-19, 2021), where the court emphasized: 

“The Constitution is a dynamic instrument … it must be interpreted in a manner that gives effect to the values of dignity, liberty, and equality.” 

These cases collectively establish a clear principle: the Constitution of Botswana protects all persons, not just the majority. 

The marriage equality case now asks a logical next question: If LGBTQI+ persons are entitled to dignity, identity, and freedom from criminalization, why are their relationships still denied recognition? 

Decolonizing the law: What is truly ‘UnAfrican’? 

Opponents of marriage equality often argue that homosexuality is “unAfrican.” This claim, while politically powerful, is historically inaccurate. Same-sex relationships and diverse gender identities have existed across African societies long before colonial rule. What is foreign, however, are the laws that criminalize these identities. 

Botswana’s anti-sodomy laws were inherited from British colonial legal systems, not from  indigenous Tswana culture. As scholars of African history have demonstrated, colonial  administrations imposed rigid Victorian moral codes that erased and suppressed existing  sexual diversity. To claim that homosexuality is unAfrican, while defending colonial-era laws, is therefore a contradiction.

A truly decolonial approach to the law requires us to ask: Whose morality are we upholding? And whose history are we erasing? 

Marriage equality, in this sense, is not a Western imposition: it is part of a broader project of reclaiming African dignity, plurality, and humanity. 

Democracy on trial: the question of separation of powers

This case also raises important questions about the health of Botswana’s democracy. 

Following the 2021 Court of Appeal decision affirming the decriminalization of same-sex  relations, Botswana witnessed public demonstrations, including marches led by groups such as the Evangelical Fellowship of Botswana (EFB), opposing the judgment and calling for the retention of discriminatory laws. 

While public participation is a cornerstone of democracy, these events raise deeper concerns about the separation of powers. Courts are constitutionally mandated to interpret the law and protect fundamental rights, even when such decisions are  unpopular. When judicial decisions grounded in constitutional principles are publicly resisted on moral or religious grounds, it risks undermining the authority of the courts  and the rule of law itself. 

Democracy is not simply about majority opinion: it is about the protection of minority rights within a constitutional framework. 

Botswana is not a theocracy 

It is also important to clarify a recurring misconception: Botswana is not a Christian nation. 

Botswana is a secular constitutional democracy and more accurately, a pluralistic society that recognizes and respects diversity of belief, culture, and identity. The Constitution does not elevate one religion above others, nor does it permit religious doctrine to  dictate legal rights. The law must serve all citizens equally, regardless of faith. 

To frame marriage equality as a threat to Christianity is therefore misplaced. The question before the courts is not theological, but constitutional: Does the exclusion of same-sex couples from marriage violate the rights to equality and nondiscrimination?

Love, equality, and the future of justice 

At its heart, this case is about love, but it is also about power, history, and justice. It asks whether Botswana is prepared to move beyond colonial legal frameworks and patriarchal  norms, and to embrace a future grounded in equality, dignity, and inclusion. 

It asks whether the Constitution will continue to be interpreted as a living document, one that evolves with society, or remain constrained by outdated moral assumptions. Ultimately, it asks whether Botswana’s democracy can hold true to its founding promise: that all persons are equal before the law. 

As the High Court prepares to hear this case in July 2026, the nation has an opportunity to affirm not only the rights of two individuals, but the broader principle that love, in all its diversity, deserves recognition, and protection. 

Lorato ke lorato.  

Love is love. 

Justice, if it is to mean anything at all, must make space for it.

Nozizwe is the CEO of LEGABIBO (Lesbians, Gays and Bisexuals of Botswana)

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