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
Capitalism, patriarchy, and neocolonialism are repackaging the scramble for Africa

The old scramble for Africa was about land, minerals, and control. The new scramble is cloaked in buzz phrases such as “promoting and protecting African family values,” “natural family,” and “defending the sanctity of the African family,” but it is driven by the same trio: capitalism, patriarchy, and neocolonialism.
Across the African continent, violence against marginalized people, such as women, girls, and LGBTIQ+ people, is not just some unfortunate result of ignorance and intolerance. It is not a cultural misunderstanding. It is deliberate. It is precise. It is profitable. It is pro-hate legislation. It is ideologies. It is business and is being packaged, exported and sold under the glossy buzz phrases used by the same big global forces that have long treated Africa as an experimental lab, an extraction of resources and a playground with African lives. If we zoom out far enough to what looks like moral panic is actually a business model where patriarchy meets capitalism galvanized with extreme religious ideologies, leaving that familiar colonial aftertaste.
Can ‘Ubuntu’ counter hate?
The anti-rights and anti-gender movement is sweeping rapidly across Africa on a mission to cement hate within African communities, thus making our nations and governments their experimental lab, as mentioned earlier. But we all know that hate is inherently un-African. It does not originate from Africa. It was exported onto our African soil through colonialism, patriarchy, and capitalism.
When I say that hate is un-African, this is not to claim that our communities — pre and post colonialism — were utopias. It really is to push back against the idea that supporting and protecting marginalized groups is foreign, and that rejecting them is somehow essential to preserving African culture. Protecting and empowering groups such as women and LGBTIQ+ destabilises the pillars of patriarchy and threatens capitalism, as there would be no market to sell refurbished colonialism.
Africa is not immune to hate, but it is the result of intolerance and inequality that is being imported. Africa has long been a place of respecting diversity, and professor Sylvia Tamale describes it best in “Exploring the Contours of African Sexualities: Religion, Law and Power,” by alluding that “plurality is simultaneously the boon and the bane of Africa. The cultural diversity and richness found between and within the continent’s religious and cultural communities lend to its versatility and beauty.” Tamale reminds us that African diversity enriches and offers multiple intersectional ways of being, navigating the world, and living in community grounded in compassion and humanity — “Ubuntu!”
In their article “Understanding Ubuntu and Its Contribution to Social Work Education in Africa and Other Regions of the World”, Mugumbate et al. explore the African philosophy of “Ubuntu” and its relevance to social work education. In taking lessons from their article, “Ubuntu” emphazises interconnectedness, compassion, and communal responsibility. The authors argue that integrating “Ubuntu” can be a weapon used to counter imported hate theories and practices. In our current climate, where anti-rights and anti-gender sentiments are gaining traction across Africa, the principles of “Ubuntu” are more pertinent than ever. It serves as a reminder of the importance of community and shared humanity, advocating for inclusive practices that uphold human rights and dignity for all individuals regardless of their social status, gender identity or sexual orientation.
In all honesty, there is money in hate and exclusion. This is evident in the anti-rights and anti-gender U.S. and European religious conservative organisations’ funding of anti-rights legislation, to supporting conferences where “protecting African values” is code for keeping white supremacy, protecting patriarchy and keeping colonial control. “We see a kind of investment that pays off in political influence and dominance. But who is really in control? African leaders or global north anti-rights and anti-gender groups?”
Anti-rights and anti-gender conservative groups, such as Family Watch International, La Manif Pour Tous and Alliance Defending Freedom have been linked to supporting laws that criminalize LGBTIQ+ identities, strengthening platforms that silence women and girls and manipulate African politicians, Presidents and first ladies who are eager for power, votes and validation. It is colonialism in high definition, backed by capitalism and masked as African traditional values. It is no different from Europe’s scramble for Africa in the 19th century, but this time, they are after our minds, bodies, rights and democracy.
These are not random acts, they are coordinated crackdowns on humanity. From Uganda’s Anti-Homosexuality Act to Ghana’s Human Sexual Rights and Family Values Bill to Namibia’s amended Marriage Act, we are seeing regressive legislation that is cut from the same hate cloth. Across Southern Africa, from Tanzania, Namibia, Malawi to Zambia, LGBTIQ+ people are being harassed, arrested, or killed. While human rights instruments, such as the Maputo Protocol, which protects women’s rights and bodily autonomy, have come under massive scrutiny by Family Watch International, possibly leaving the rights of women and girls at the mercy of these groups. What is even more saddening is that one can see African leaders mimicking hate sentiments that are being pushed by the global north’s anti-rights and anti-gender groups. “Do our leaders know that these hate groups are controlling them?” Some African leaders have adopted rhetoric that portrays women’s autonomy and LGBTIQ+ people as a threat to national identity and traditional values. But these sentiments are not rooted in African customs but are instead borrowed and repackaged from the anti-rights and anti-gender books.
The 2025 anti-rights and anti-gender Africa tour
If you thought the colonial era was over, think again. Between May and October 2025, Africa is hosting a series of anti-rights and anti-gender convenings that are supported by US and European conservatives.
From May 9-11, the Ugandan parliament hosted the third Inter-Parliamentary Conference, which was supported by conservatives pushing the controversial African Charter on Family Values. The conference was attended by 29 African MPs, including the deputy speaker of the National Assembly of Zimbabwe. The second Pan-African Conference on Family Values, which was held in Kenya from May 12-17, convened African political leaders, policymakers, and religious leaders. The Africa Christian Professionals Forum organized the conference under the theme “Promoting and Protecting Family Values in Africa.” Attendees included representatives from the Supreme Court of Kenya.
In June 2025, Sierra Leone will host the seventh edition of the Strengthening Families Conference, an event endorsed by the first lady of Sierra Leone. Notable attendees include leaders from Cote d’Ivoire, Congo, Ghana, Gambia, Kenya, Mali, Nigeria, and Senegal. The African Advocates Conference in Rwanda, funded by the U.S.-based Alliance Defending Freedom International, will take place from Aug. 12-17. Think of them as lawyers for oppression. The conference will host delegates from 43 African countries, including government officials, judges, academics, lawyers, and students. Advocates Africa has members from Angola, Botswana, Eswatini, Lesotho, Malawi, Namibia, South Africa, Zambia, and Zimbabwe. Finally, from Oct. 19-23, 2025, Ghana will host the Africa Bar Association Conference, a platform that pushes anti-feminist, anti-rights, and anti-gender narratives, under the guise of debating foreign interference.
These are not African-led spaces, they are U.S.- and European-led laboratories for exporting hate and mayhem. A global machine fueled by capitalism, patriarchy, and neocolonialism.
This article is part of the Southern Africa Litigation’s campaign around addressing hate speech, misinformation, and disinformation. #StopTheHate #TruthMatters
Bradley Fortuin is a consultant at the Southern Africa Litigation Center and a social justice activist.
Opinions
I interviewed Biden in late 2024 and he was attentive, engaged
CNN narrative about former president’s mental state is unfair, exaggerated

In the weeks since Jake Tapper and Alex Thompson’s “Original Sin” came out, there has been so much speculation about Joe Biden’s cognitive health that feels so pointlessly retrospective to me, or conveniently certain — even though I wouldn’t say I disagree fundamentally with what seems to have emerged as the consensus view.
Writing in POLITICO, James Kirchick took the Beltway reporters to task for what he argued was their (our) failure to investigate and cover the “truth” about the president’s mental acuity, as if the truth were a simple binary (is he okay?) and as if the answer was as evident at the time as it now appears with the benefit of hindsight.
“Lack of access is no excuse,” he wrote. I happen to disagree: Not only is that an excuse but it’s also a perfectly serviceable explanation.
We can report only what we know, and we can know only what we can observe with our own eyes and ears. If you happened to catch a White House press briefing in 2023 or 2024, there’s a pretty good chance you heard difficult questions about Biden’s health. When we don’t have much time with the president, we rely on the testimony of those in his inner circle who did.
And at this point I become agnostic on the question of whether there was a coverup by those closest to him or an effort to obfuscate the truth. Because even now the reality looks murky to me, and I was fortunate enough to spend more time with Biden than many of my colleagues near the end of his tenure in the White House.
As many of our readers will know, in September 2024 I had the great privilege of interviewing the president one on one across the Resolute Desk in the Oval Office.
Biden was as attentive and engaged as anyone I’ve spoken with. When I reflect on the experience, I remember how blue his eyes looked and how electrifying it felt to have his gaze and focus fixed on me.
Part of that is charm and charisma, but I also think he took very seriously the opportunity to talk about his legacy of helping to advance the equality of queer people in America. He wanted to be there. He spoke clearly and from the heart.
The president came with a binder of talking points prepared by the press secretary and the communications director, but he barely glanced at the notes and needed assistance from his top aides only very briefly — on two moments when he stumbled over the name of the Heritage Foundation’s Project 2025 (specifically the “2025” part) and Karine Jean-Pierre spoke up to help him.
On the one hand, Project 2025 was a critical part of the messaging strategy of his and then his vice president’s 2024 campaign, and our conversation came at the tail end of the election cycle last year. On the other hand, considering the totality of my experience talking with Biden, looking back it doesn’t seem like those lapses were that big of a deal.
I guess what I am ultimately trying to say is this: I think we should extend some grace to the former president and those closest to him, and we should also have some humility because a lot of these questions about Biden’s cognitive health are unclear, unsettled, and even to some extent unknowable.
And another thing. I am grateful for the opportunity to interview him, for his years of public service, and for his unwavering defense of my community and commitment to making our lives better, safer, richer, healthier, happier. I pray for his recovery such that these words might come to describe not only his legacy in public life, but also his years beyond it.
Christopher Kane is the Blade’s White House correspondent. Reach him at [email protected].
Opinions
LGBTQ health equity must not be abandoned
Beneath the glitter of Pride there is a simmering fear

Pride month feels different this year. There is a simmering fear beneath all the glitter. Of course, Pride has always been a festivity interwoven with a certain amount of unease. Our rainbow parades were forged from protest marches, demonstrations that erupted from a community under the searing fire of violence and humiliation. Accordingly, our rhinestone costumes and glimmering disco balls have always held an element of precarity, though that edge may have felt less present recently. Nevertheless, Pride is a holiday in active conversation with our communities’ place in society. At once, it is a moment of radical celebration while also an act of resolute defiance.
However, Pride month feels different this year because that conversation has shifted. The discourse around our communities carries a renewed threat of violence: systemic, political, and physical. In just six months since the inauguration, the Trump administration has worked swiftly to strip protections from LGBTQ+ communities, erase our histories, and demonize us in the public imagination. The vitriol that Trump and his lackeys have spewed against the trans community specifically is completely baseless and profoundly dangerous. Although our communities have long weathered such abuse, the return of such bigoted ideology at the highest levels of power is alarming, to say the least.
One of the key ways Trump has attacked LGBTQ+ communities is by targeting our access to healthcare. While healthcare is essential for anyone, for LGBTQ+ people, it can mean life or death. Our medical needs are unique and complex, often compounded by intersecting identities of race, ethnicity, gender, and sexual orientation. Denying us affirming, equitable care is not just negligent, it’s dangerous. By enacting barriers to gender affirming care, slashing tens of millions of dollars in grants for LGBTQ+ medical research, and stripping away essential protections, the current federal administration is carrying out a calculated assault with catastrophic consequences.
As a queer, nonbinary person and practicing psychiatrist, I have an intimate, visceral understanding of these issues. Even before Trump ever set foot in the Oval Office, the medical disparities affecting my LGBTQ+ friends, colleagues, and patients were obvious to me. As a young medical student in Indiana, I quickly became aware of the substantial gaps in access to healthcare for LGBTQ+ communities. At a base level, there is already significant distrust between LGBTQ+ patients and their providers, stemming from a long history of mistreatment and, in many cases, outright gaslighting, abuse, and trauma. This distrust can prevent patients from seeking care, and even when they do, providers often lack the training to deliver the affirming care they need.
This lack of equitable and affirming healthcare led me to found OutCare Health. OutCare started with a carefully curated list of medical professionals with the knowledge, training, and experience to provide LGBTQ+ people with the care they desperately need and deserve. That list has since blossomed to more than 6,000 providers and has become a vital resource for LGBTQ+ communities, their families, and allies. Over the last decade, our grassroots efforts have grown into a national force, and our programming has expanded to include health equity training, care navigation, and public education. That early momentum gave me hope that we were making headway in the fight to ensure that LGBTQ+ communities have access to the care they deserve.
However, with the return of Trump to the White House, it feels like everything has changed. We endured his first administration, bolstered by what felt like a nationwide resistance to his presidency, but this time, something is different. Instead of resistance, the air feels thick with despair, lulling the country into a doleful acceptance of our fate. Moreover, there is a pervasive sense of fear. Some providers have asked to have their names removed from our OutList of affirming providers, not out of a desire to stop helping our community, but out of a legitimate fear of retribution, professional retaliation, and even their own safety. This is a request I completely understand. There is nothing wrong with protecting yourself, your livelihood, and your family, but the need to do so speaks volumes about the political climate in which we find ourselves.
What has been truly demoralizing has been the behavior of the healthcare field at large. The willingness to grovel to the unscientific, harmful, and ignorant policies of the Trump administration is not just disappointing, it’s disgraceful. Even more disturbing is the speed and enthusiasm with which some health systems and organizations have preemptively distanced themselves from LGBTQ+ equity work, as if racing to prove their compliance with regressive ideology. Many of our past partners have vanished, most without a last goodbye. To those outside our communities, this quiet retreat from providing life-saving care to those of us who are being vilified may seem unfortunate yet pragmatic. But let me be clear: if you abandon your values in moments of inconvenience, you never really held them in the first place.
Nevertheless, I do not believe we can resign ourselves to walking despondently into the future being laid out for us. Although we are seeing an attempt to systematically dismantle many of the structures that we have put in place to help ensure health equity for LGBTQ+ communities, it is worth remembering that it was we who built those structures. Fifty or even 25 years ago, we had so much less than we do now, even after these attacks. Today, we have life-saving medications and therapies that we used to only dream of. We have networks and coalitions with deep knowledge and formidable strength. They may force us to take a step backward, but they cannot and will not make us turn around.
Most importantly, we have each other, and we have the wisdom of those who came before to guide us. From the Stonewall Riots to seizing control of the FDA, the LGBTQ+ community has shown a staunch resilience and strength of spirit that has always been one of our greatest assets. Although we are a broad and diverse banner and may not always agree, we must remember that our sense of community and our ability to organize are what have gotten us where we are today. We must stand shoulder to shoulder, hand in hand. The echoes of our footsteps drumming the streets can cause even the most unyielding enemy to cower. These are lessons we cannot afford to forget. Our survival depends on it.
So yes, Pride month does feel different this year. There is indeed a simmering fear beneath the glitter, but deeper than that fear, more enduring and infinitely stronger, there is grit—grit forged in fire and defiance. We are vibrant, colorful, and unapologetically queer, but do not mistake our joy for weakness. We’re loud, we’re resilient, and we’re holding the damn line.
In this spirit, let me make one thing abundantly clear: OutCare Health is not going anywhere. When I founded this organization 10 years ago, I knew it wouldn’t be easy, but I didn’t do it because it would be easy. I did it because it was necessary. Because it was right. Because it was my life. Your life. Our lives. We will not back down, and we will not be erased. We will continue to uplift our communities and fight for truth, equity, and democracy—no matter what the bigots throw at us.
To my OutCare family and all LGBTQ+ families, know that we are here for you, and we will not stop. To our allies, now is the time to show up—loudly, proudly, and relentlessly. To those who fear our freedom, despise our joy, and resent our very existence: our glitter may catch your eye, but don’t underestimate the strength burning beneath it. We will not break. We will not be silent. We’re not going anywhere.
Happy Pride!
Dustin Nowaskie, MD is founder and chief medical officer of OutCare Health.
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