Commentary
What I Learned from Joe Biden 45 (Gulp!) Years Ago
Why The Lessons Give Me Hope for 2022
The twin threats that still loom over us — the anti-democratic radicalization of the Republican Party and the persistence of the pandemic — are making this a tough time to appreciate the many first-year successes of the Biden Administration.
We are in an undeniable moment of peril and there is every reason for alarm, but also for hope. I will continue beating the drum on the urgency of passing measures such as the John Lewis Voting Rights Advancement Act, the Freedom to Vote Act, the Protecting Democracy Act, and the Judiciary Act, as well as holding those attacking our democracy accountable.
And in this end-of-year piece, I reflect on how what I learned from President Biden so many years ago gives me hope that in 2022 we can turn a corner. We can prevail in the work of defending and righting our democracy.
It was the summer of the Bicentennial. The summer I first saw a fax machine (which, during several minutes of noise, laboriously spooled out, on a curl of smelly, waxy paper, documents arriving from Wilmington to Washington). The summer after my sophomore year in college. The summer of 1976, when I interned for a then-wunderkind senator named Joe Biden.
Even as a kid, I was into history and politics. I knew that Biden, at the age of 29 — still too young to serve — had defeated a seemingly unbeatable incumbent. I was aware of the horrible car accident following his election, and how he rode back and forth by train to be there with his two little boys at bedtime. I watched Biden become “a liberal who breaks ranks” (as I described him in my diary), a gregarious, energetic, precocious, ambitious young senator.
My diary from 1976 shows me also to have been energetic, precocious, and — sometimes cringe-worthily — ambitious. I had a diverse network of friends and roommates. Despite a cascade of plays, movies, lectures, pleasure reading, and other distractions catalogued in my diary, I was excelling academically. I had succeeded in winning election as Speaker of the Yale Political Union, climbing to the top of the greasy pole among the other greasy pols at a school full of wannabes. And as my diary recounts, in blow by blows, 1976, as it happened was also the year I first had sex. With a woman.
When I reread the diary now, I am struck by how much this 19-year-old kid was doing, how well he was doing, how insightful and passionate he was about so much. And that, indeed, is how I’ve long remembered that year — a time of growth, accomplishment, and adventure.
But the diary also records what I had forgotten: so much second-guessing and self-doubt, a sense of losing ground and erratic confidence, critiques of my friends and myself… so much yearning outpacing my undeniable striving. I had forgotten how much perspective I did not have then on what really mattered, even as I was doing stuff that mattered and wrote endlessly in the diary about wanting to matter.
One of the things I wanted back then was to land a job in Washington. And so I was thrilled when the hotshot young Senator Biden agreed to come speak to the Political Union. After presiding, as Speaker, over his appearance, I wrote in my diary:
February 10: Senator Biden was impressive tonight. Young, energetic, warm, and intelligent. Egotistical to some extent…. I want to work for him…. I want a summer job in DC. This is important, unlike the Speakership. It’ll show that my credentials stand up in the ‘real world’ and will be that critical initial involvement leading to other jobs.
Over the next couple months — while juggling impressive courses and activities, and wrapping up the Speakership — I wrote letters, made calls, and even traveled to DC in hopes of securing an internship. My diary displays the determination and idealism with which, in the midst of my studies and activities, I pursued that ambition. For instance:March 8: A day of firsts and things that would have been orgasmic at one point in my life. Lunch with a congressman (we talked politics and then job), going on the floor of the House, sitting in the Speaker’s chair and standing at the podium where Truman gave the Truman Doctrine speech, where State of the Union speeches are given. Riding in Members Only elevators, hobnobbing with Senator Biden like a friend [but] no definite job…. Biden and I are becoming real chummy. His AA asked me back tomorrow, as the Senator and I kibitzed our time away. Good luck. I want a job so badly….

Then, on April 20, I got the call.
For the next several months, my diary contains voluminous descriptions of an exciting, busy Bicentennial Summer in DC, and my thrills, frustrations, and aspirations as a witness to, and sometime participant in, the activities of an office of a Senator on the go. The numerous entries tended to go like these:
May 25: Attended my first Foreign Relations Committee hearing…. I sat on the stage behind the Senators and entered through the private doors. Funny how when I see the sign STAFF on the elevator, I almost turn away until I realize and then get a kick out of it…. Am going to slowly widen my activities until they see I’m reliable and capable. Did some press work (phoning in ‘actualities,’ quotations on tape from Biden…to radio stations in Delaware). I used a computer research machine, ‘Scorpio,’ to read a report on Rhodesia and took such stuff out on own initiative this evening, having ordered it from the Library of Congress. Tomorrow — sale of nuclear reactors. Must remember that my goal this year should be to know how an office and Congress run…not to make policy. I have eleven years (at least) to go on that….
June 3: To my great joy, I was assigned as the Intern for Foreign Relations. I’ve handled some relatively thorny constituent requests…. I also decided that the only way I would advance from office work (not exactly crap, but not policy-making either) would be to take initiative and show them what I can do. I figured that the one thing I know I’ve gotten from a Yale education that I would not have gotten on my own is the ability to write quickly and well. So, I made impressive inquiries at the Congressional Research Service, including a jaunt to the Library of Congress (where my researcher was shocked and probably a little annoyed to discover that I was younger than he, and not a Legislative Assistant) …. I submitted it to my L.A. [legislative assistant], a former C.I.A. guy who knows everyone in the foreign relations business (!); he seemed pleasantly surprised. I hope he’ll consider it good and timely enough to: A) submit it to Biden, and B) warrant including me, at least as an observer, in the substantive areas of senatoring.
June 9: Started work at Roy Rogers [where I moonlit nights to make some money during that unpaid summer internship].
July 21: Was walking down the hall to the Foreign Relations Committee when [Vice Presidential nominee Walter] Mondale popped out (he has the office right across from us). He began walking right in front of me, and the TV people ran backwards ahead of us with bright lights and cameras. I was flanked with Secret Service — and hadn’t even tried to get into the picture! Couldn’t have done better if I’d tried. Had a low today, too: had to go pick up the Senator’s lunch. Although LA’s do it (and in other offices, it’s one of the high points of an intern’s day), it still rankled.
Even during that long-ago summer, I noted firsthand how much Biden cared about policy and government across a broad range of areas, tapping many sources of expertise and input, putting in the work. I wrote on June 16 that the Senator “does look at every single letter that goes out with his signature. He also rejects drafts and demands a lot — rightfully so.” I saw how engaged he was, and what a people person.
One diary entry, for instance, gives the flavor, recounting an outing at the beach with the Senator and the woman he was then dating whom I was introduced to as Jill — now our First Lady Dr. Jill Biden — whom I liked right off the bat and every time I was with her.
August 1: Yesterday…I went to Delaware to spend time at the Biden picnic for volunteers and supporters…. What a folksy state. The Senator running around clowning and taking pictures in his bathing suit, splashing with his kids in the water. The Governor [Sherman Tribbitt]– ‘howaya, Sherm’ — in loafers and short sleeves walking on the sand. Me playing ‘football’ with Beau and Hunt Biden (7, 6), then taking them in the cold ocean, counting continually to make sure — like a camp counselor — that there were 5 kids all the time, heads above the water and all….The kids gave me something to do other than fawn on the Senator, as I knew very few of the people there. At one point the Senator grabbed me and made a joke about Yale; I had walked in front of someone taking a picture with him — boy, was I embarrassed. He and I bantered a little, in and out of the water — but I still am not sure he knows my name… I still don’t know where I stand. I so want to be a part of things…
Back at school in the fall, I stayed in touch with the Senator’s office, and occasionally heard from him as well — treasuring every contact.
September 27: Got a nice note from Biden…. He says that he is glad I took him up on the suggestion that I keep in touch with ideas for legislation. He said, ‘You have always been a reservoir of ideas. [!] … In light of all your outside interests, I trust your studies are not suffering. Keep in touch… Joe.’
Soon, though, my diary reveals that I was busier than ever — juggling highs and lows of friendships, teaching Sunday School, and diving into a new role as Yale campus co-coordinator for the Carter-Mondale campaign, all while shouldering another challenging course load (my favorite semester at college, it turned out). And throughout, figuring out for myself what it was going to mean to be gay.
Of course, 1976 was a long time ago, and very early in my life. Still ahead of me lay graduating college and law school; the Peace Corps; decades of lawyering and activism; founding and leading the successful and transformative campaign to win the freedom to marry; teaching at Georgetown and Yale; close circles of friends (including, still, the college roommates I had written and worried about, and now, our respective spouses and partners); uncle-hood; travels; and a happy marriage to the man I love. In 1976, I had no way of knowing that this was what life held in store for me — but as I reread the diary, I can see now that the 19-year-old me was finding his way to at least two major lessons that have shaped my life (and been hallmarks of my work) ever since.
First, I learned that year that greatness as in “I want to be great” comes, if at all, from actual service, making a difference for others, rather than from the credentials and things I’d begun the year by pursuing — to be Speaker of the Political Union, or to be in politics for the sake of glory or even attention. I discovered that after striving to get elected Speaker, the actual position didn’t feel as worthwhile as I had thought it would, whereas engaging in debates (and meeting visitors like Biden), my grunt work organizing the campus and helping deliver a Connecticut win for Jimmy Carter, teaching students at Sunday School, and digging as an intern into substantive research — not to mention my actual studies — felt gratifying and proved meaningful.
I was learning for myself the lesson best conveyed in my favorite speech of Martin Luther King, Jr.’s, the one I hang on the wall of every office I’ve had. When they give my eulogy, Dr. King said, “tell them not to mention that I have a Nobel Peace Prize — that isn’t important. Tell them not to mention that I have three or four hundred other awards — that’s not important. Tell them not to mention where I went to school…. I’d like somebody to mention that [he] tried to give his life serving others… tried to love somebody. [All] of the other shallow things will not matter…. I just want to leave a committed life behind.”
My diary shows me learning another lesson, too: the power and affirmation that come from not wallowing in the negative, from being hopeful, from focusing on the pathway not the problem, from being kind — to others, and to myself.
While I wince at the young me’s sometimes shallow ambition and excessive judgment (“fancied greatness,” as another hero, Abraham Lincoln, described his youthful sense of self), I am simultaneously proud of what the young me was actually doing — even as he wrestled with what it meant and where he wanted to go. As the young me learned that year to pursue a committed life in a meaningful way, and to be charitable toward others, so older me is again reminded to be kind to my young self, too.

I last spent real time with Joe Biden when the then-Vice President spoke to the more than 1000 advocates and celebrants at Freedom to Marry’s Victory Celebration on July 9, 2015.
“Let me begin by saying I take full credit for Evan” were Biden’s opening words (greeted by laughter). He then shared lessons he’d learned from his father about love, his evolution in understanding gay people, and how he came to support the freedom to marry — even getting out in front a bit to help nudge the Administration along. He recalled his pivotal Senate role in defeating the anti-gay Robert Bork, nominated by Reagan to the Supreme Court. That, in turn, led to the appointment of Justice Anthony Kennedy instead, who went on to write the marriage victory we had worked for and were celebrating.
“In 1983, there was a Harvard Law essay making the constitutional case for marriage equality written by a young man,” Vice President Biden told the audience. “He said, ‘Human rights illuminate and radiate from the Constitution, shedding light on the central human values of freedom and equality.’…. That was the basis upon which I took on Judge Bork.”
“These were not words from an illustrious Supreme Court Chief Justice,” Biden concluded. “These are the words written by Evan Wolfson when he was in law school. Pretty courageous for a 26-year-old kid at Harvard Law School when the future looked so dark and lonely.”
Whether or not his former intern’s law school thesis on marriage, written just a few years after my internship, really had been top of mind in Biden’s thinking as he took on Bork and continued his Senate career, I still appreciated his generosity. It was yet another example of what I know I really learned from him.
When I endorsed him for president, I wrote that “Biden [sometimes] got things I cared about wrong — even, initially, my own work to win the freedom to marry. But, crucially, he has also always shown a willingness to listen and learn, an eagerness to explore new approaches and syntheses, a capacity to empathize and evolve.”
“I have seen firsthand,” I added, “how, unlike Trump, Joe Biden cares about governing, knows how the government works, and will work through it, not war on it…. Biden’s concern for people and deep knowledge and experience give him the ability to bring people together” and to deliver on good ideas to restore our democratic possibilities.
From a wunderkind senator, the embodiment of ambition, Joe Biden came to embody virtues of empathy, faith in government, and hope as a politician, candidate, and now, our president. On him now — and on us — literally rests the future of America as a democracy.
I can’t claim to know President Biden well enough to know every bit of his inner thinking, but from what I’ve experienced in interacting with him , it’s clear that in his own way, too, Joe Biden learned what I began learning under his tutelage: A committed life is found not in just the ambition to be great, but the ambition to “do great” — to do for others. To persevere and put in the work. To listen and to grow. To be kind. To be hopeful, and to convey hope. And, too, and always, the personal matters.
Now, heading into 2022, we must redouble our efforts to help (and push) President Biden and all true democrats. Together we must rally enough Americans to defend liberal democracy, reach for justice, combat inequality, and build America back better. We have to persuade, organize, hang in, maneuver, mobilize, and vote. What I learned as a college kid, and since, sustains my belief that we Americans can, yet again, meet the call to action and rise to the great work this moment and history require.

Vice President’s Remarks, Freedom to Marry Victory Celebration, July 9, 2015
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Evan Wolfson led the campaign to win the freedom to marry for same-sex couples. Since victory in 2015, he advises and assists diverse movements in the US on “how to win,” as well as activists seeking to win marriage in other countries worldwide.
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The preceding piece was previously published on Medium and is republished with permission.
Commentary
Is Ghana’s selective justice a human rights contradiction?
Country’s commitment to human rights appears inconsistent
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.
Commentary
The cost of speaking one’s mind
Colombian artist José Miel’s recent comments on Pride, LGBTQ community sparked controversy
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.
Botswana
Lorato ke Lorato: marriage equality, democracy, and the unfinished work of justice in Botswana
High Court considering marriage equality case
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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