Connect with us

Africa

Namibia Supreme Court rules government must recognize same-sex marriages from abroad

Plaintiff couples sought spousal immigration rights

Published

on

(Bigstock photo)

A landmark ruling the Supreme Court of Namibia issued on Tuesday ruled that same-sex marriages conducted outside the southern African country should be recognized by the Namibian government. 

Two same-sex couples have emerged victorious in their fight for the recognition of their marriages conducted outside Namibia in a ruling that paves the way for equal rights and spousal immigration benefits for same-sex couples in the country.

The joint cases, initially brought before the court in March, involved South African national Daniel Digashu who is married to Namibian citizen Johann Potgieter, and German national Anita Seiler-Lilles, who is married to Namibian citizen Anette Seiler. 

The couples aimed to access essential spousal immigration rights, including permanent residence and employment authorization.

Both couples expressed relief following the ruling. 

“I feel like a huge weight has been lifted off of our shoulders. I feel that I can continue with life now, in a sense,” Digashu said. “I cannot explain just how relieved I am that we won’t have to make plans to leave. Now we can stop for a moment and breathe, and take things easy and just know that we are home and there is no potential of being forced to leave.”

For her part, Seiler said after a sleepless night in anticipation of the ruling, she and her wife look forward to celebrating a dream come true. 

“We are married and we promised each other that we will stay together no matter what and that promise we’ve upheld through this fight for this recognition of our marriage,” Seiler said. “We would’ve stayed together no matter what but we can stay together here in this beautiful country and we can make it our home country. That was Anita’s biggest wish and that’s my wish as well, and now this wish comes true. It’s so incredible.”

The Supreme Court’s ruling challenged a previous precedent set by the Immigration Selection Board. While acknowledging the binding nature of the precedent, the court asserted that it can depart from its own decisions if they are proven to be clearly wrong.

The court ruled that the Home Affairs and Immigration Ministry’s refusal to recognize same-sex marriages validly concluded outside Namibia violates the constitutional rights of the affected parties.

Furthermore, the court emphasized that the rights to dignity and equality are interconnected, and the denial of recognition for same-sex marriages undermines these fundamental principles. It reaffirmed the principle that if a marriage is lawfully concluded in accordance with the requirements of a foreign jurisdiction, it should be recognized in Namibia.

This ruling represents a significant milestone in the fight for LGBTQ and intersex rights in Namibia. By expanding the interpretation of the term “spouse” in the Immigration Control Act to include same-sex spouses legally married in other countries, the court has taken a crucial step toward achieving equality and inclusivity.

One of the five judges who heard the two appeals dissented from the majority ruling. 

He argued that Namibia is under no obligation to recognize marriages that are inconsistent with its policies and laws, emphasizing the traditional understanding of marriage and the protection of heteronormative family life.

The dissenting opinion highlights the ongoing divisions and complexities surrounding the issue of marriage equality in the country. While it underscores the need for continued dialogue and debate, the majority decision in favor of recognizing same-sex marriages highlights the importance of constitutional rights and the principle of equality. 

Southern African Litigation Center Executive Director Anneke Meerkotter commended the court’s decision. 

“The Namibian Supreme Court has set an important example, interpreting legislation in accordance with the core principles of constitutional interpretation and independent adjudication, thus avoiding irrelevant considerations relating to public opinion and unfounded allegations raised by the government about public policy,” Meerkotter said. “Instead, the court steered the argument back to the history of discrimination in Africa and the necessary constitutional reforms that emphasized transition to dignity and equality without discrimination.”

Speaking on what the ruling means for the LGBTQ and intersex community in Namibia, Seiler said it provides hope and inspiration not only to the couples involved but also to the broader community in Namibia and on the continent. 

“We know that we fought this battle not only for us. In the beginning we were fighting it for us, but then we realized it’s not only for us, it’s for other people as well. I’m glad that we did it, that we fought this fight,” she said. 

Both Seiler and Digashu said the support of the LGBTQ and intersex community and its allies has been a pillar of strength over the 6-year battle with the courts. 

“It has always been about the community because we deserve to have it all without being put down or being told this is not allowed. So, I think this is a big win for the community as a whole. It’s not about us, or just our families. It’s for absolutely everyone!” Digashu said.

Omar van Reenen, co-founder of Equal Namibia, a youth-led social movement for equality, said the ruling has strengthened the promise of equality and freedom from discrimination in the country. 

“The Supreme Court really made a resounding decision. It just feels like our existence matters — that we belong and that our human dignity matters,” he said. “The Supreme Court … has upheld the most important thing today and that is the constitution’s promise that everyone is equal before the law and that the rights enshrined in our preamble reign supreme, and equality prevails.” 

As the Supreme Court is the highest court in Namibia, decisions made in this court are binding on all other courts in the country unless it is reversed by the Supreme Court itself or is contradicted if Parliament passes a law that is enacted.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Egypt

Egyptian authorities refuse to allow gay cruise to dock in country

Scarlet Lady earlier this week blocked from visiting Turkey

Published

on

Alexandria, Egypt (Photo by javarman/Bigstock)

Egyptian authorities have refused to allow a gay cruise to dock in the country.

The Scarlet Lady, a Virgin Voyages ship that Atlantis Events chartered, was to have docked in Alexandria, a port city on the Mediterranean Sea. The Washington Blade obtained a letter that Atlantis Events President Rich Campbell sent to passengers on Thursday, hours before the cruise was to have arrived.

“Early this morning, we were informed that Scarlet Lady has been denied entry into Egyptian waters and, as a result, will no longer be able to call in Alexandria today,” he wrote.

“I know how much this visit meant to so many of you,” added Campbell. “We successfully sailed a similar itinerary last year, so we were surprised by this unfortunate decision.”

Campbell noted “both the Atlantis and Virgin Voyages teams worked tirelessly to make this call in Alexandria a possibility.”

“This news came as a surprise to all of us, and we’re just as disappointed as you are,” he said.

The 10-day cruise left Athens on July 5. It is scheduled to end in Trieste, Italy, on July 15.

The ship had been scheduled to dock in Kusadasi, a Turkish resort town on the Aegean Sea, and Istanbul earlier this week. Turkish authorities refused to allow it in the country.

Former Tempe, Ariz., Mayor Neil Giuliano, who is an LGBTQ+ Victory Institute board member, is among those on the cruise.

“Just a few hours before arriving in Alexandria, Egypt — a city founded by and named for one of the ancient world’s best-known homosexuals — government authorities rescinded permission for our ship of 2,000 gay men to enter Egypt,” wrote Steve May, who is also on the ship, on Thursday in a Facebook post.

Alexander the Great founded Alexandria in 331 B.C.

“As with Turkey, we have been sent away not because of what we did, but because of who we said we are,” said May. “‘I am what I am’ is too much liberty for some to bear. So it was in the United States as well not long ago, where even I ended up as a convicted homosexual after a military trial in 2001 for saying ‘I am gay.’ This is just a reminder that for all the progress we have made, our freedom is never secure — for any of us, regardless of who or how we love. Back to Europe!”

Discrimination and persecution based on sexual orientation and gender identity is commonplace in Egypt. The Egyptian Football Association, along with the Football Federation Islamic Republic of Iran, objected to playing in the World Cup’s “Pride Match” that took place in Seattle on June 26.

Continue Reading

Egypt

Iran, Egypt play in World Cup ‘Pride Match’

FIFA allowed Pride flags inside Seattle stadium

Published

on

(Screen capture via KOMO News/YouTube)

Iran and Egypt on Friday faced off during the World Cup’s “Pride Match” in Seattle.

Iran is among the handful of countries in which consensual same-sex sexual relations remain punishable by death. Discrimination and persecution based on sexual orientation and gender identity is commonplace in Egypt.

Friday’s match coincided with Pride weekend in Seattle. The Egyptian Football Association and the Football Federation Islamic Republic of Iran both objected to playing in the “Pride Match.”

Egypt and Iran tied 1-1.

FIFA, for its part, allowed Pride flags inside the stadium during the match.

“The FIFA World Cup 2026 is an inclusive event that welcomes people from all backgrounds,” a FIFA spokesperson told the Washington Blade in a statement. “Fans of all sexual orientations and gender identities are welcome at matches and events. General statements of human rights, including rainbow flags and other flags representing sexual orientation and gender identity, are permitted under the FIFA World Cup 2026™ Stadium Code of Conduct and may be displayed inside stadiums provided they are used in a manner consistent with the code.”

Human Rights Watch welcomed FIFA’s decision to allow Pride flags inside the stadium. Outright International, a global LGBTQ and intersex rights group, distributed Pride flags in Seattle on Friday, which was Pride Match Day.

“Visibility matters,” said Outright International Executive Director Maria Sjödin. “Pride is now being celebrated in more than 100 countries, including this weekend in Seattle. For many LGBTIQ people, seeing a Pride flag in public is a reminder that they are not alone, and that their rights and dignity are recognized.”

FIFA President Gianni Infantino earlier this year told Die Weltwoche, a Swiss magazine, that “there will be no ‘Pride Match’ at the (FIFA) World Cup.”

“There will be a FIFA World Cup match in Seattle, and on the same day, events organized by external organizations will be taking place in the city,” said Infantino. “But that has nothing to do with the match itself.”

Peter Tatchell, a long-time LGBTQ activist from the U.K. who is director of the Peter Tatchell Foundation, was among those who traveled to Seattle for Friday’s match. Tatchell accused FIFA of not vetting World Cup teams — specifically Iran, Egypt, Saudi Arabia, Ghana, Senegal, Qatar, Tunisia, Morocco, Iraq, Uzbekistan, and Algeria — over whether they would allow gay players.

“FIFA is protecting LGBT+ visibility in the stands while failing to protect LGBT+ players on the pitch,” said Tatchell.

Continue Reading

South Africa

White House to end PEPFAR funding for South Africa

State Department says country failed to respond to 2025 executive order demands

Published

on

(Photo by Rarraroro via Bigstock)

The Trump-Vance administration will end PEPFAR funding for South Africa.

A State Department spokesperson on Wednesday told the Washington Blade the State Department “will begin a phased drawdown of PEPFAR programming in South Africa, with most programs ending by Sept. 30, 2026, and critical personnel support continuing through March 31, 2027.”

Semafor last week reported South Africa has received more than $8 billion in PEPFAR funding since President George W. Bush created the program to combat the global HIV/AIDS pandemic in 2003.

President Donald Trump on Feb. 7, 2025, issued an executive order that addressed what it described as “egregious actions of the Republic of South Africa.” The State Department spokesperson with whom the Blade spoke noted the directive included five specific requests:

• South African government provides exemptions or alternatives for U.S. companies to Broad-Based Black Economic Empowerment laws and other race-based mandates. 

• Senior government officials (e.g., president, deputy president, or minister of justice) unequivocally condemn all race-based incitement to violence, including the “Kill the Boer” song, more frequently. 

• The South African government prevents the implementation of measures that would allow expropriation without fair compensation and due process under the Expropriation Act of 2024. 

• South African Police Service designates rural crime a “priority crime” and increases resources dedicated to high-crime rural areas. 

• South Africa refrains from actions that would significantly interfere with the implementation of the refugee program, within the confines of South African law. 

“The United States communicated to the government of the Republic of South Africa multiple times at many levels that PEPFAR funding was likely to be terminated in the absence of progress on the five asks,” said the State Department spokesperson.

The State Department spokesperson further noted South Africa is “one of the largest economies in sub-Saharan Africa” and “has funded the vast majority of its own HIV response, estimated at 76 percent of the total, including procurement of all treatment commodities.”

“South Africa will continue to be supported by the Global Fund, including for the introduction and scale up of lenacapavir through Global Fund Resources,” the spokesperson told the Blade.

Lenacapavir is groundbreaking HIV prevention drug that users inject twice a year. Eswatini, which borders South Africa, is among the African countries that have received doses of the drug through PEPFAR.

HIV/AIDS service organizations in the U.S. and around the world have sharply criticized the Trump-Vance administration over plans to not fully fund PEPFAR and to cut domestic HIV/AIDS funding.

Secretary of State Marco Rubio shortly after the current White House took office issued a waiver that allowed PEPFAR and other “life-saving humanitarian assistance” programs to continue to operate during a freeze on nearly all U.S. foreign aid spending. HIV/AIDS service providers around the world with whom the Blade has spoken say PEPFAR cuts and the loss of funding from the U.S. Agency for International Development, which officially closed on July 1, 2025, has severely impacted their work.

Continue Reading

Popular