Opinions
The long exhale to recognizing same-sex unions in Namibia
May 16 ruling a landmark moment for LGBTIQ+ rights
The Supreme Court of Namibia on May 16, 2023, issued a judgment recognizing same-sex unions of two non-nationals after they were denied immigration status by the Namibian government.
The story of Daniel Digashu, a South African national, and his family challenging the decision of the Namibian government denying him immigration status based on his same-sex marriage to his Namibian husband is just one of the many ways African governments continue to oppress and erase queer existence.
In 2015, Digashu married his partner Johann Potgieter in South Africa, where same-sex unions have been legal since Nov. 14, 2016; this, however, is not the case in Namibia. In 2017, after he and his family relocated to Namibia, Digashu applied for a work permit but got rejected by the Ministry of Home Affairs and Immigration based on his same-sex relationship status. The social inequality many LGBTIQ+ people face daily, and the lack of recognition and protection of LGBTIQ+ rights make them more vulnerable to stigma, discrimination and exclusion. Denying LGBTIQ+ people the right and the opportunity to marriage and family life has significant implications on their mental, emotional and overall well-being.
Heterosexual marriage is widely and legally recognized in Namibia and is often seen as the fundamental foundational family institution in society, including the church. The mainstream practice of marriage is deeply rooted in traditional, cultural and religious beliefs and practices. Marriage is not only a union between individuals but also a union between families and even different communities.
The denial to recognize Digashu and Potgieter’s marriage had deprived them of a chance and a right to have a family, a community and a sense of belonging in society. The couple has been in and out of court since 2017, when they approached the High Court after several unsuccessful engagements with the ministry.
On March 20, 2021, the High Court heard the case and dismissed the matter on Jan. 20, 2022, citing that they cannot legally overrule a previous judgement by the Supreme Court, which found that same-sex relationships are not recognized under the Immigration Control Act of Namibia.
Constitutional violation of human rights
The refusal of the recognition of same-sex unions is an infringement on several fundamental human rights recognized and protected under regional and international human rights instruments — including the Constitution of Namibia. Denying the recognition and protection of LGBTIQ+ marriage and family violates their rights to dignity, liberty, privacy and protection under the law. Such human rights violation is also discriminatory and violates the constitutional right to non-discrimination, equality before the law and freedom of expression based on one’s sexual orientation, gender identity and gender expression. Recognizing same-sex marriage ensures that LGBTIQ+ people have the same legal protections and rights.
If it pleases the court
In its 2022 judgment, the High Court of Namibia 2022 made favorable pronouncements noting the need to recognize same-sex relationships and that LGBTIQ+ people must be protected from discrimination. The court stated that: “Homosexual relationships are, without doubt, globally recognized, and increasingly more countries have changed their laws to recognize one’s right not to be discriminated against based on one’s sexual orientation. It is time to recognize that homosexuality is part and parcel of the fabric of our society and that persons — human beings — in homosexual relationships are worthy of being afforded the same rights as other citizens.”
Both the High Court and the Supreme Court pronounced that the values, freedoms and democracy that Namibia was founded on have no place for discrimination and the violation of human rights. Everyone, including LGBTQI+ people, has the right to dignity, equality and protection under the law. This call for recognition by the courts is a significant victory for Namibia’s LGBTIQ+ community and advocacy.
The Supreme Court went on to say that the “court has made it clear that this recognition of the equal worth of all human beings is at the very root of the Constitution and that this is ‘further echoed and implemented in various articles of Chapter 3, and others of the Constitution.’ The value attached to dignity is at the very heart of our constitutional framework and fundamental to it as a value of central significance. Although it is entrenched as a self-standing right in Art 8, it relates to the protection of other rights and in particular, the right to equality.”
Colonial remnants and state-sponsored LGBTIQ+-phobia
To understand the continuous exclusion of LGBTIQ+ groups in progressive civic developments, it is essential to understand the impact and role that colonial laws have played in shaping the perception, attitudes and legal status of LGBTIQ+ people in society.
Colonial laws were discriminatory and repressive, resulting in the “othering” and, ultimately, the existence of vulnerable and marginalized groups. These laws were based on conservative religious and cultural values prevalent in Europe at the time and criminalized groups based on their gender, race, ethnicity and even sexual orientation and gender identity. Such laws continue to be in practice worldwide, including in Africa.
Like many other African nations, Namibia has an unfavorable history regarding recognizing and protecting LGBTIQ+ people. Identifying as lesbian, gay, bisexual or transgender is not illegal in Namibia. However, the country does criminalize consensual same sex-sexual activities between people of the same gender in terms of its Roman-Dutch common law.
These provisions are part of what was inherited from colonial laws during colonization and into the new constitution. Such laws continue to sideline LGBTIQ+ people, as they face daily stigma, discrimination and violence, including inaccessibility to healthcare, education, employment, and housing.
In December 2020, the African Court on Human and Peoples’ Rights found that vagrancy laws or bylaws in nearly every country in Africa discriminate against marginalized and vulnerable populations, including women, children, people with disabilities, LGBTIQ+ people and others. Namibia is no exception in adopting such laws as the Roman-Dutch common laws criminalize consensual same-sex sexual relations. This imprint on the State still upholding oppressive colonial laws regarding LGBTIQ+ rights is part of why LGBTIQ+ people and families face daily exclusion. Consensual same-sex relations are still criminalized in Namibia. The repressive and colonial legislation still engraved in Namibia’s laws provides many challenges for same-sex couples and LGBTIQ+ families, like Digashu and Potgieter, and many other same-sex couples seeking legal recognition status in Namibia.
Regardless of their sexual orientation, gender identity and gender expression, everyone should have social, economic and legal stability and equal opportunities. Still, discrimination against LGBTIQ+ people is a significant barrier to full social and legislative inclusion.
Same-sex relationships are currently criminalized in 32 African countries, with the death penalty in three African states if convicted and found guilty.
Namibia, formerly known as South West Africa, was a former colony of Germany and later came under the authority of South Africa. Namibia gained independence on March 21, 1990 and celebrated its 33rd independence anniversary on March 21 this year. The constitution of Namibia came into being when the country gained independence. Namibia’s Vision 2030 concerns itself with the population concerning their social, economic and overall well-being and that all people enjoy high standards of living, good quality of life and economic and overall well-being and that all people enjoy high standards of living, good quality of life, and have access to quality social services. All of these aspirations translate into equity, equality and respect for human rights for all people, regardless of one’s social standing. By 2030, Namibia aspires to be a just, moral, tolerant and safe nation with legislative, economic and social structures in place to eliminate marginalization and ensure peace and equity between of all people of different ages, interests and abilities.
The evolution of society
Society is evolving and becoming increasingly aware of its rights and existence. In advocating and asserting their rights, communities realize that such common laws are outdated and contribute to the discrimination faced by vulnerable groups. Colonization fostered environments in which such rules were applied in policy and practice to deter, conceal and repress freedoms of expression, identity and association of groups that did not fit the colonial setting. Such groups were made to feel inferior and less valuable to society, leading to segregation practices such as apartheid, tribalism, classism and discrimination and exclusion of sexual and gender minorities.
In a modern-day democratic, independent state like Namibia, colonial remnants are still widely evident in specific laws and policies, so people like Daniel and Johan, and others, must seek justice from the courts to validate their relationship and belonging. There needs to be a correlation between the legislation and the vision that the country is working towards.
The Bill of Rights is in place to protect and promote the fundamental human rights of Namibians and promote equality before the law and the need for fair, just and speedy court processes. The constitution promotes the rights to liberty, respect for human dignity, equality and freedom from discrimination regardless of a person’s sex, race, or social or economic status association, and even the right to marriage and having a family between same-sex spouses. The blatant denial of the recognition of same-sex marriages by the State violates the right to dignity. It amounts to multiple layers of discrimination by the State, which contrasts with the constitution of Namibia.
Powering forward
Despite these challenges, there have been continuous efforts by LGBTIQ+ advocates and allies to push for greater recognition and acceptance of LGBTIQ+ individuals in Namibia. These efforts include taking an intersectional advocacy approach that is results-based. There is still a long way to go to achieve full equality and protection for LGBTIQ+ individuals in Namibia. In the long exhale process, Digashu has found public support and joined LGBTIQ+ human rights defenders to continue raising awareness and educating the public on human rights and the challenges faced by LGBTIQ+ people. The Digashu matter highlights the need for LGBTIQ+ inclusion and acknowledgement. In its judgment, the Supreme Court noted the need for social and legislative inclusion of LGBTIQ+ persons in Namibia.
Bradley Fortuin is the LGBTIQ+ Program Officer at the Southern Africa Litigation Center and is social justice activist with over 10 years of experience in program design and strategic management, focusing on developing, implementing and strengthening LGBTIQ+-led movements.
Opinions
Do not forget that Renee Good was queer
Far-right media link shooting victim’s sexuality to her protest of ICE
Please do not forget that Renee Nicole Good was a queer woman.
Last week, Good, a 37-year-old American citizen, was shot and killed by a United States Immigration and Customs Enforcement agent in Minneapolis. Her wife Rebecca Good was present when the ICE agent shot her, standing outside their car. In the immediate aftermath, Minneapolis erupted with protests aimed at ICE in the city and Republican officials, including President Donald Trump and Vice President JD Vance, who argued the shooting was justified as an act of self-defense.
In a press conference held this past Thursday, Vance told reporters that Good was “a victim of left-wing ideology.” “I can believe that her death is a tragedy,” Vance said,” while also recognizing that it is a tragedy of her own making.” Many criticized Vance’s statement, especially given how he blamed “left-wing extremism” for Charlie Kirk’s death in September on a Utah campus and Vance himself doubled down on condemning those who were celebrating the far-right podcaster’s fatal shooting.
Department of Homeland Security Secretary Kristi Noem implied that Good was a domestic terrorist while Fox News host Jesse Watters said that “the woman who lost her life was a self-proclaimed poet from Colorado with pronouns in her bio.”
Laura Loomer, another far-right Trump supporter, tweeted, “‘She/her.’ Literally every time,” in response to what is believed to be Good’s Instagram account. Loomer and Watters both pointed out her pronouns are somehow part of the reason she was tied to ICE-related violence.
As these comments from far right pundits show, far-right media coverage was quick to connect Good’s queerness to her work to inhibit ICE activity in Minneapolis.
But while far-right news outlets highlighting Good’s queerness, centrist and even leftist news outlets also erased her wife’s experience, featuring interviews with Good’s mom and ex-husband but not her wife who was present for the shooting, feeding into the narrative that she was an “innocent” white mother while denying Good’s own agency in mobilizing for immigrants in her community.
Nobody should be shot by government agencies ever, and these news outlets do not need to play into the construction of an “innocent” white woman for people to be outraged by her death. In fact, in doing so and denying Good’s queerness, they deny the way in which Good’s identity likely affected the way she interacted with the police. For queer and trans people, police are not safe people–in fact, Good’s last words deescalating the situation reflect the ways that homophobia and misogyny prime queer women, and all women to placate men’s emotions.
And it still didn’t work. After shooting her, the ICE agent called her a “fucking bitch,” in front of her wife who was kept away from Good while she bled out in her car.
When the media reinforces the narrative that she was an “innocent” mother, it reinforces the same sexism and racism that allows police brutality to continue.
In an interview, author of the book After Purity released this past December, Sara Moslener said that “White womanhood has been constructed to require that white women sort of maintain purity within themselves as a way to maintain the purity within themselves as a way to maintain the purity of, the innocence of, the nation state. When the purity movement resurfaced in the 1990s, it was this recapitulation of the 19th century nation of sexual purity that was highly racialized.”
“It wasn’t something that was accessible to enslaved women, to other women of color, to immigrant women. It was this ideal of true womanhood that became connected to this idea of a strong nationstate. That rhetoric was then used to justify racial terror lynchings. If white women were threatened, you know, physically, bodily, culturally, they have the right to claim things. This was often used as a guise to justify violence and murder, especially against Black men. It even ties to the concept of Karen and the entitlement of white women, where they can weaponize their vulnerability,” Moslener said.
Good’s shooting for many people was a breaking point for this very reason — because it represented the first time that they had witnessed a white person killed by an ICE agent or a member of the police.
For some, their whiteness had been a source of safety because of the privilege of their skin color, or so they thought until Good’s murder this past week. In the aftermath, they are rethinking if this privilege will continue to protect them and what it can mean in a world where violence against white women’s bodies has long caused social backlash.
This is not a reason to stop fighting — Good was not the first person killed by ICE, not even the first person killed by ICE in 2026, but her whiteness is one of the central reasons that it incited outrage — because of a society that privileges and protects white women’s bodies. To describe Good as solely an “innocent” white woman, to deny her queerness, is to play into this performance of outrage about the brutalization of white women’s bodies.
If discussions of Good’s queerness — and persistent queerphobia against queer women — is not considered in our outrage, in our protests, we feed right into the same narratives that mean some police brutality, especially that against queer and trans people and people of color, goes completely unreported and unchallenged.
This is state-sanctioned violence, and in the immediate aftermath of Good’s death, the Trump administration has demanded that people deny the evidence of their eyes and ears, has pushed the narrative that Good weaponized her vehicle against an ICE agent and that agent fatally shooting her was an act of self defense. This is categorically false but denying what we know to be true, what we can witness ourselves and understand, is the final step in fascism armed and funded by the government.
But let’s be frank: This is not the first time that the American police or a government agent has murdered an unarmed person. Just under six years ago, George Floyd was murdered by police officers in the same city — his death was a breaking point for many who had witnessed police brutality against people of color.
While people are eager to say Good’s name, we cannot say or remember her without remembering and saying the names of Black and Brown men and women, especially disabled people of color, who have been murdered in the hundreds by the police. Their names are often said, their murders often go unquestioned.
People have been and will continue to say Good’s name largely because she was a white woman but the names of Black and Brown people go unsaid and unrecognized because of a system that performs outrage about violence against white bodies. What Good’s murder realized was how a system built on the protection of white women — a Christian nationalism committed to Social Purity — will still sacrifice white women who refuse to fall in line.
Six federal prosecutors in Minnesota resigned this week over the Justice Department’s push to investigate Good’s widow. Among them was Joseph Thompson, a career federal prosecutor, who objected to investigating Good’s wife as well as the department’s refusal to investigate whether the shooting was lawful.
In the signs, in the protests, in the prayers and pleas that you say and make in the aftermath of Good’s murder, do not deny her queerness, do not deny who she was and do not deny the work she did because in performing outrage against the murder of an “innocent” white mother we replicate the same systems of harm that hurt us all.
Emma Cieslik is a museum worker and public historian.
Letter-to-the-Editor
D.C. electoral bumper car season is in full swing
More than a dozen candidates running for incumbent Eleanor Holmes Norton’s seat
The District of Columbia has entered into a challenging time not seen since Dr. Martin Luther King was murdered, the city burned and rioted and risked home rule being taken away. While statehood has twice passed the U.S. House of Representatives, the dream of being the 51st star on the American flag stagnates, to say the least.
Currently according to Politics 1.com, there are already 14 Democrats including two sitting members of the City Council (At-Large Robert White and Ward 2’s Brooke Pinto) and one Republican who have declared their candidacy to become the new voice in Congress. Unfortunately Congresswoman Eleanor Holmes Norton has refused to either announce her intentions to run for re-election again or gracefully acknowledge her time is over and she is ready to hand over the reins to continue the battles inflicted upon our home city. Congressional representation by press releases has simply got to stop as soon as possible!
Rank choice voting is going to be implemented in this 2026 cycle despite efforts to overturn or delay its implementation. Regardless of your thoughts on the new system, this will be one very interesting contest year to say the least. Rank choice … ready or not … here it comes!
Needless to say, the race for the Congressional seat is not the only major contest. Let us not forget the other positions up for election: the mayor, the attorney general, the chairman of the City Council, several ward and at-large races for the council. Add all these up and you will be looking at more moves on the political chess board than seen in the first Harry Potter film with the same results too. (As an aside, while the District of Columbia has no elected senators, it should be pointed out that any elected House member AND the District mayor have Senate floor privileges when in session.)
Before the June primary, it would be wise to make sure your voting registration is still current at the D.C. Board of Elections. Also, please urge friends not registered to do so as soon as possible. May we have the strength and will power to take back our city and stand up to those who want to destroy it.
Opinions
Zach Wahls stood up for us, now let’s stand with him
Young Iowa Democrat running for U.S. Senate
It was 15 years ago, on Jan. 30, 2011, that a college student, Zach Wahls, bravely stood in front of the Iowa Legislature, and spoke out, defending the marriage rights of his two moms. On Jan. 28 we will celebrate the 15th anniversary of that speech. That was the first time I, and millions of others, heard of Zach Wahls. I know Zach had no idea that speech would propel him to national prominence. It went viral, and Zach was invited to appear on the Ellen DeGeneres show, among other appearances.
At the time, he was an engineering student at the University of Iowa. As he has said, when he prepared his notes over the weekend for his Monday speech to the legislature, he had no idea where this would lead him. Today, so many of us, not just his moms, have the chance to repay him for what he did that day, when he defended all our rights in Iowa. In the past 15 years, Zach has never stopped standing up for the rights of his moms, and for all of us in the LGBTQ community.
I first met Zach at an event in Washington, D.C., when he was leading the fight to allow gay men to be leaders in the Boy Scouts of America. Having been a Boy Scout myself, and an Explorer adviser, and having promoted scouting for the handicapped (the term we used back in those days) this was an important fight for me. I was both honored to meet Zach, and have the chance to join him in that fight. Since then, I have followed his career. First as he went to Princeton for his graduate degree, and then back to Iowa, he is a sixth generation Iowan, to run for, and win, a seat in the Iowa State Senate. He was then elected to the post of minority leader. Today, Zach is running to become the United States Senator from Iowa. Zach is a member of the younger generation so many of us want to see serving in Congress.
As soon as I heard Zach was running, I endorsed him. Many of you may have read my endorsement column in the Blade. He was recently in Washington, D.C. for a fundraiser held at the Women’s National Democratic Club, where I had the pleasure of meeting his wife, and his absolutely adorable son. I kidded him he should never go campaigning without them. Now, it’s important to remember, he is running in Iowa. Not an easy race to win. He has a primary to win, which I firmly believe he will, and then his likely opponent is the ultra MAGA Republican Congresswoman Ashley Hinson (R-Iowa). A poll done just before Sen. Joni Ernst (R-Iowa) said she would not run again, had Zach leading her. That may have been part of the reason she dropped out. If you followed Zach’s career in Iowa, you understand why Iowans would vote for him. If you haven’t, take a look at his website, to get an idea of where Zach stands on the issues, and the things he has been doing to fight for all Iowans. His proposed federal legislation, Keep the Promise Act, would strengthen Social Security. Zach understands we need to defeat the fascists working with the felon in the White House, before they totally destroy our country. He understands we need to fight for affordable healthcare for all, for his constituents in rural Iowa, who are getting hit the hardest by the felon’s policies. Iowa farmers are losing their farms because of the felon’s policies. While continuing to fight for the LGBTQ community, Zach has always understood, we are part of the broader community he is now fighting for.
I hope those of you who read this column, will join with me, support Zach, and be part of the Zoom call on Wednesday, Jan. 28, to celebrate the 15th anniversary of Zach’s speech to the Iowa Legislature. To join, click on this link, and sign up. I also ask you to share this link with everyone you know. Our community owes something to Zach, but everyone will benefit, if Zach Wahls ends up in the United States Senate. He will make us all proud.
Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist.
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