Botswana was in a whole frenzy as religious and traditional fundamentalists kept mixing religion and constitutional law as if it were harmless. It is not. One is a private matter of belief between you and God, while the other is the framework that protects and governs us all. When these two systems get fused, the result is rarely justice. It results in discrimination. 

The ongoing case brought by Bonolo Selelo and Tsholofelo Kumile challenging provisions of the Botswana Marriage Act has reignited a familiar debate in Botswana. Some commentators insist that marriage equality violates religious values and therefore should not be recognized by law. It is a predictable argument. It is also fundamentally incompatible with constitutional governance.

Botswana is not a Christian state. It is a constitutional democracy governed by the Constitution of Botswana. That distinction matters. In a constitutional democracy, laws are interpreted in accordance with constitutional principles such as equality, dignity, protection, inclusion and the rule of law, rather than the doctrinal beliefs of any particular religion.

Religion has no place in constitutional law and democracy

The central problem with religious arguments in constitutional disputes is simple in that they divide, they other, they contest equality and they are personal. Constitutional law by contrast, must apply equally to everyone.

Botswana’s Constitution guarantees fundamental rights and freedoms under Sections 3 and 15, including protection from discrimination and the right to equal protection of the law. These provisions are not conditional on religious approval. They exist precisely to protect minorities from the preferences or prejudices of the majority.

Legal experts, such as Anneke Meerkotter, in her policy brief in Defense of Constitutional Morality, point out that constitutional rights function as a safeguard against majoritarian morality. If rights depended on whether the majority approved of a minority’s identity or relationships, they would not be rights at all. They would merely be privileges.

This principle has already been affirmed in Botswana’s jurisprudence. In the landmark decision of Letsweletse Motshidiemang v Attorney General, the High Court held that criminalizing consensual same-sex relations violated constitutional protections of liberty, dignity, privacy, and equality. This judgment noted that constitutional interpretation must evolve with society and must be guided by human dignity and equality. The court emphasized that the Constitution protects all citizens, including those whose identities, expressions or relationships may be unpopular. That ruling was later upheld by the Court of Appeal of Botswana in 2021, reinforcing the principle that constitutional rights cannot be restricted on grounds of moral disapproval alone. These decisions were not theological pronouncements. They were legal determinations grounded in constitutional principles.

The danger of religious majoritarianism

When religion is used to justify legal restrictions, the result is what constitutional scholars call “majoritarian moralism.” It allows the dominant religious interpretation in society to dictate the rights of everyone else. That approach is fundamentally incompatible with constitutional democracy. Botswana is religiously diverse. While Christianity is the majority faith, there are also Muslims, Hindus, traditional spiritual communities, Sikh and people who practice no religion at all. If the law were to follow the doctrines of one religious group, which interpretation would it adopt? Christianity alone contains dozens of denominations with different views on love, equality, marriage, sexuality, and gender. The moment the state begins to legislate on the basis of religious doctrine, it implicitly privileges one belief system over others. That undermines both religious freedom and constitutional equality. Ironically, keeping religion separate from constitutional law is what protects religious freedom in the first place.

Judicial independence is the cornerstone of Botswana’s governance system

The current case involving Bonolo Selelo and Tsholofelo Kumile is before the judiciary, where it belongs. Courts exist to interpret the Constitution and determine whether legislation complies with constitutional rights. Political and religious lobbying, as well as public outrage, must not influence that process.

Judicial independence is the cornerstone of Botswana’s governance system. According to the International Commission of Jurists, judicial independence ensures that courts can make decisions based on law and evidence rather than political or social pressure.

When governments, political, religious, or traditional actors attempt to interfere in constitutional litigation, they weaken the rule of law. Botswana has historically prided itself on having one of the most stable constitutional systems in Africa. The judiciary has played a critical role in safeguarding rights and maintaining legal certainty. The decriminalization case demonstrated this. Despite strong public debate and political sensitivity, the courts assessed the law according to constitutional principles rather than moral panic. The same standard must apply in the current marriage equality case.

This article was first published in the Botswana Gazette, Midweek Sun, and Botswana Guardian newspapers and has been edited for the Washington Blade. 

Bradley Fortuin is a consultant at the Southern Africa Litigation Center and a social justice activist.

Sean Christopher Bartel, 37, who began his career as a television news reporter and news anchor at stations in Louisville, Ky., and Evansville, Ind., before serving as Senior Video Producer for the D.C.-based International Brotherhood of Electrical Workers union from 2013 to 2024, was found deceased on a hiking trail near a glacier in Argentina on or around March 15, according to a report by an Argentine newspaper.

The newspaper Clarín reports no foul play was suspected regarding his death, and other local media reports indicate authorities believe he suffered some sort of accident while on the hiking trail.

The Clarín report says Bartel arrived in Argentina on March 3 and visited Buenos Aires and the city of El Chaltén, which is near Argentina’s Los Glaciares National Park and a glacial lagoon popular with hikers. It says his body was found on the trail leading to the glacier.

“The D.C. Gay Flag Football League is heartbroken to learn of the passing of Sean Bartel, one of the most devoted members this league has ever known,” the organization said in a statement. “The story of DCGFFL could not be told without Sean.”  

“He was not only a dedicated teammate and a model league member – he was our storyteller and our champion, honoring the competitive greatness, the radiant humor, and the beautiful bonds that make our community so special,” the statement says.

It adds that for years, Bartel served as “our man behind the camera, he drew our community tighter by portraying us with the skill of a professional and the care of a family member.” 

Bartel’s LinkedIn page shows he most recently worked for 12 years as Senior Video Producer for the International Brotherhood of Electrical Workers, which is described as North America’s largest labor union. 

Matt Spense, a spokesperson for the union, told the Washington Blade that Bartel resigned from his job there in 2024 to pursue other career endeavors, but he didn’t know what he did career wise after that time.

Bartel’s LinkedIn page shows he served as a video producer and account supervisor at the Edelman global communications firm based in D.C. from 2010-2013. Prior to that, he worked as a reporter for Sirius XM Radio, Inc. from 2007 to 2012. It shows that from a little over a year — from 2009 to 2010 — he worked as video producer and account executive for the firm North Ridge Communications, but it doesn’t give the company’s location.

He began his career in journalism, his LinkedIn page shows, as a reporter and news and sports anchor at the WHAS TV station in Louisville, Ky., from January 2005 through January 2008.   

It says he received a bachelor’s degree in Sports Marketeing and Management in 1999 from Indiana University in Bloomington and a master’s degree from the School of Media and Public Affairs from D.C.’s George Washington University in 2010.

The Blade couldn’t immediately obtain information about surviving family members or funeral arrangements. 

Longtime Trump ally and openly gay “Special Presidential Envoy for Special Missions of the United States” Richard Grenell is stepping down from his leadership role at the John F. Kennedy Center for the Performing Arts.

The story was first reported by Axios on March 13 before President Donald Trump made any official statements about the leadership change at the Kennedy Center, which has undergone a sweeping overhaul of rule changes and pro-Trump appointees to its board since Trump took office in 2025.

In addition to packing the Kennedy Center boardroom with loyalists and appointing himself chair of the board in February 2025, the Trump-Vance administration has placed the president’s name on the facade in an attempt to rename the center — despite the move being illegal without an act of Congress to officially change its name. The administration has also painted the building’s columns white and removed diverse programming.

Since these changes, multiple shows have pulled out of performing at the historic venue — including productions associated with the Washington National Opera.

Matt Floca, the former vice president of facilities operations at the national cultural center under Grenell, has been named the new head of the Kennedy Center, according to Trump.

The change is expected to be announced at a Kennedy Center board of directors meeting at the White House on Monday, which Trump is expected to attend.

“I am pleased to announce that Matt Floca, subject to the approval of the Board of Directors, will be named the Chief Operating Officer and Executive Director of THE TRUMP KENNEDY CENTER where, as Vice President of Operations, Matt has helped us achieve tremendous progress in bringing the Center to the highest level of Excellence!” Trump wrote in a post on Truth Social. “A Complete Reconstruction of THE TRUMP KENNEDY CENTER will begin after the July 4th Celebration, with a scheduled Grand Re-Opening in approximately two years.”

“Ric Grenell has done an excellent job in helping to coordinate various elements of the Center during the transition period, and I want to thank him for the outstanding work he has done,” the post added. “THE TRUMP KENNEDY CENTER will be, at its completion, the finest facility of its kind anywhere in the World! — President DONALD J. TRUMP.”

Grenell previously served as U.S. ambassador to Germany and later as acting director of national intelligence during Trump’s first term. He led the Kennedy Center during a period in which its programming was reshaped and new board members aligned with Trump were appointed. Trump also named himself chair of the board.

Congress approved $257 million in reconstruction funding for the Kennedy Center in last year’s spending package, a project estimated to take roughly two years to complete. Kennedy Center officials have also said they implemented increased cost-cutting measures — including large-scale layoffs — and that staff salaries are no longer being paid using debt reserves.

Actor Harvey Fierstein, a longtime critic of Trump’s takeover of the cultural institution and an award-winning openly gay performer, posted on Instagram celebrating Grenell’s departure.

“Good old anti-LGBTQ+ self-loathing dick licker, #RichardGrenell, is moving on to ruin something new under the auspices of our demented war-mongering MAGA fool Prez,” Fierstein wrote. “Maybe #RicGrennell can open a little boutique selling red baseball hats. But first, after destroying the Kennedy Center for the Arts, he’s earned a vacation. Maybe he and Kristi Noem can go puppy hunting together. They can tell each other tales of when they were once called ‘the best people’ and other fairy tales.”