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The long exhale to recognizing same-sex unions in Namibia

May 16 ruling a landmark moment for LGBTIQ+ rights

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Litigants Sillers-Lilies, her wife, and Danny Digashu pictured outside the Namibian Supreme Court. (Photo courtesy of Bradley Fortuin/Southern Africa Litigation Center)

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 beenĀ legalĀ 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.Ā 

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 Potgieterā€™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 andĀ dismissedĀ 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.Ā Ā 

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 ā€” 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 oneā€™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: ā€œHomosexual relationships are, without doubt, globally recognized, and increasingly more countries have changed their laws to recognize oneā€™s right not to be discriminated against based on oneā€™s sexual orientation. It is time to recognize that homosexuality is part and parcel of the fabric of our society and that persons ā€” human beings ā€” in homosexual relationships are worthy of being afforded the same rights as other citizens.ā€  

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 Namibiaā€™s LGBTIQ+ community and advocacy.Ā Ā 

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 ā€˜further echoed and implemented in various articles of Chapter 3, and others of the Constitution.ā€™ 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.Ā However, the country does criminalize consensual same sex-sexual activities between people of the same gender in terms of its Roman-Dutch common law.Ā 

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’ RightsĀ foundĀ 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 Namibiaā€™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.Ā 

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. Namibiaā€™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 oneā€™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 wereĀ appliedĀ 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.Ā 

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 personā€™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.

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Commentary

Sexting with younger guy has me asking: How queer am I?

Reflections on LGBTQ life in 2024

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Jake Stewart is a recovering Hill staffer based in D.C. In addition to writing, he barbacks at the Little Gay Pub."

Once upon a time, not all that long ago, a man sexted another man. 

There were words. There were pictures. There were filthy questions and even filthier responses. You know, the way a good sexting convo ought to be, for those who dabble. 

One man was 33. The other, 24. And while it comes as no shock that I was the 33-year-old, it may be more surprising to learn it was the 24-year-old who grabbed the reins. 

What kinks you into? he asked. 

Shit ā€“ I didnā€™t know. I barely even bottomed before the pandemic, and now I had to know my kinks? 

Iā€™m open, I replied, evasively. You? 

His response left me coughing: ā€œLove musk sweat ws public group rough bb verbal bate edge roleplay and very open-minded.ā€ 

Now Iā€™m no prude (in fact, many would call me a downright whore) but this young man articulating his kinks and fetishes in such detail blew my mind. When did he learn what he liked? At 24, all I wanted was to top a guy and leave with as little communication or attachment as possible. At 33, I wasnā€™t sure what a few of the items he listed even meant.  

Perhaps I shouldnā€™t be surprised when young men ā€” and the younger generation across the LGBTQ spectrum in general ā€” have already figured out their sexual interests. I arrived in D.C. from Idaho in 2008 as a fresh-faced 18-year-old; I came out three years later in 2011. Attitudes toward queerness have shifted substantially since then, and these days it is undeniably easier for younger people to explore their sexual and gender identities (which, by the way, is fantastic). 

But this conversation left me wondering: What do I like? I havenā€™t sought out that many new sexual experiences, and while fetishes, kinks, and sexual desires can seem trivial, theyā€™re inextricably intertwined with gender and relationships. If I canā€™t articulate what I like in the sack (or in public, if I dare), then how do I know what Iā€™m seeking from a long-term partner, or if thatā€™s even what I want? 

As soon as I came out, I thought my job was done. All I needed after that was to snatch up a cutie and settle down. Instead, my identity centered on building my career in politics, where sexual openness isnā€™t as appreciated. I, like many D.C. queers around me, moved here bright-eyed, bushy-tailed, and ready to change the world for good. 

Then came a tough lesson: Just because I wanted to improve the world didnā€™t mean people wanted me to. I was inexplicably fired from not one job but two, and suddenly the do-gooder in me grew jaded. The career I dedicated years to was suddenly ripped from my hands, and I became so disillusioned I didnā€™t even want it back. Oh, and the cherry on top: My boyfriend dumped me two days later. 

Once everything unraveled, I wondered: Was the me of the past the me I truly wanted? Or was I reflecting back what I thought everyone wanted me to be? 

Well, a few major meltdowns and an extended slut phase later, my life couldnā€™t be more different. I now work at a new gay bar in town to support myself, and Iā€™ve given myself space to pursue the arts. This former straight-laced, type-A, tightly wound gay abandoned the safe track and he couldnā€™t be more terrified. He also couldnā€™t be more excited. 

But losing my old career also left an existential-sized hole in my identity. So, as I sexted this 24-year-old with newfound awareness of my limitations, I decided this must change. 

How? As I said, I work at a gay bar in one of the queerest cities in America. Now more than ever Iā€™m surrounded by those who are LGBTQ and every shade in between. Why not learn from those around me, whether younger, older, or around the same age, but whose experiences are no less queer? Why not carve out time to have in-depth discussions and discover what the possibilities are? 

If being queer means to go against the established norms of gender and sexuality, then thereā€™s still plenty of territory for me to explore. No longer can ā€˜bottomā€™ or ā€˜topā€™ be my only options. 

So, the purpose of this column ā€“ aptly titled Queer Quest ā€“ is to capture my exploration of queer identity. Itā€™s not to teach you as much as it is to teach myself, and you can either learn alongside me or simply be entertained. At the very least, Iā€™ll have a series of portraits on what itā€™s like to be queer in the mid 2020s. At most, Iā€™ll have a better understanding of who I am as a queer person. 

Then maybe, just maybe, Iā€™ll become a better sexter. 

Jake Stewart is a D.C.-based writer.

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Commentary

What will you do to make Pride safe this year?

Anxiety reigns among American Jews after Oct. 7

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(Washington Blade photo by Michael Key)

Each year, hundreds of thousands of Jews and supporters of Israel attend Pride marches. With a few exceptions, these spaces have always been safe and welcoming for the broader Pride community. 

But this year is different. 

For American Jews, anxiety reigns as we head into this Pride season. The appalling rise of antisemitism since Oct. 7 forces us to ask difficult questions. As many Jews increasingly feel alienated and excluded from progressive spaces, weā€™re left to wonder: If I wear a Jewish symbol, march with a Jewish group, or wave a rainbow flag adorned with the Star of David, will I be safe at Pride?

Even before Oct. 7, LGBTQ Jews had plenty of reason to feel trepidation about their safety at Pride. From blanket bans on Stars of David at past Pride gatherings to antisemitism on display at the recent Sydney Pride, too often Jews feel forced to choose between their LGBTQ and Jewish identities and hide their connection to Israel.

Since Oct. 7, terms like “apartheid,” “genocide” and “Zionism equals racism” are increasingly thrown around casually, often without a nuanced understanding of their impact or the realities they oversimplify. This rhetoric not only alienates but also endangers Jewish queer people. It makes us feel emotionally unsafe. It increases the chances that we will be physically unsafe as well. 

We must not allow the Israel-Palestine conflict to be imported into Pride.

I will always remember the euphoria of the first Pride rally I attended. I was barely 18 years old, in a crowd of people of all ages, races, genders and gender orientations ā€” and they were like me. Queer. It felt safe. It was the first time I experienced that feeling of safety, and it will always stay with me. 

Like Pride events everywhere, it was a vibrant, colorful space for LGBTQ people to celebrate our true authentic selves, without fear or reservation.

But that feeling of safety wasnā€™t shared by everyone in my small New England town. I soon noticed a few people scattered throughout the crowd wearing paper bags over their heads, with eye holes so they could see but not be seen. I later learned that those faceless people were teachers who, in those days before civil rights protections, needed to protect their identities and their careers. 

They did not feel safe. Will Jews and those who are connected to Israel feel safe this year?

The history of Pride is a testament to courage in the face of adversity. It wasn’t long ago when attending Pride events was a defiant act against societal norms, where participants like those teachers faced tangible threats of discrimination, ridicule and even violence. Even today in some places, our queer community still navigates a gauntlet of hatred as we try to celebrate who we are.

It’s crucial to recognize that within the Jewish community, there is a wide spectrum of views on the Israeli-Palestinian conflict, including many who are deeply committed to advocating for Palestinian rights. In fact, many of the 1,200 innocent Israelis murdered on Oct. 7 were Zionists who devoted their lives to reconciliation and peace with their Arab neighbors.

We are at a pivotal moment, one that demands action: What can we do to ensure Pride remains a safe space for everyone, including Jewish participants?

It’s imperative that Pride committees around the country proactively address these concerns. They must implement training programs focused on de-escalation and fostering an environment of understanding and respect.

As individuals who stand in solidarity with the values of Pride, each of us must consider our role in this effort. Will you march alongside those of us who feel vulnerable, offering your presence as a shield against intolerance? Will you engage in dialogues that challenge the importation of external conflicts into Pride, advocating instead for a celebration that unites rather than divides?

The true test of inclusivity at Pride lies not merely in welcoming a diverse crowd, but in ensuring that every participant feels safe and valued. If we remain indifferent to the vulnerabilities faced by Jewish queer people this Pride season, we will fall short of the very ideals of inclusivity and solidarity that Pride stands for.

Just as we expect schools to protect trans and nonbinary students like Nex Benedict, we have a responsibility in the LGBTQ community to ensure that people can carry an Israeli flag or a Palestinian flag, wear a yarmulke or a hijab and be safe.

As we look forward to this year’s Pride, let us commit to making it a space where safety is not a privilege afforded to some but a right enjoyed by all. Let’s engage with our local Pride committees, advocate for comprehensive safety measures and stand in solidarity with those who feel at risk.Ā 

Only then can we celebrate the true spirit of Pride, rooted in love, acceptance and the unwavering belief in equality for all.

Ethan Felson is the executive director of A Wider Bridge.

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Opinions

How to protect your sobriety on St. Patrickā€™s Day

Celebrate with a supportive friend and carry a mocktail

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Sobriety can be challenging, whether you overcame alcohol or drug addiction or chose to abstain from alcohol for a healthier life. Holidays like St. Patrickā€™s Day can serve as a reminder of the past or could be looked at as another day. 

Many celebrate St. Patrickā€™s Day sober, as there are generally family-friendly gatherings, community events, or even sober celebrations. If you have concerns about your sobriety, there are practical tips you can use to protect it on St. Patrickā€™s Day. 

For instance, remind yourself why you are sober, and donā€™t do it alone. You can still have fun and celebrate but do it with other sober people. Everyone has their reasons for stopping drinking; remind yourself of those reasons and hold yourself accountable.  

Know your triggers; it doesnā€™t matter if you are a recovering addict or have removed alcohol from your life. Be cautious around possible triggers that pose a challenge. Most people in this situation choose to skip the bar and find something fun to do or go to a sober St. Patrickā€™s Day celebration. 

Keep a non-alcoholic drink or mocktail in your hand. People will not bother you to ask if you want a drink if you already have something to sip on, like a mocktail. This also leads to planning how to say no. You will encounter social pressure if you go to a bar on St. Patrickā€™s Day. Itā€™s unavoidable. Itā€™s wise to practice ways to refuse alcohol. 

Finally, if all else fails, take a walk outside if you feel overwhelmed. The most straightforward solutions are usually the best. Remove yourself from any situation you know will lead to relapse. This is also why itā€™s essential to be with a sober friend or loved one; there is accountability and someone to lean on.

The benefits of being sober are plentiful, along with the numerous health perks, such as better quality sleep, more mental alertness, and lessened anxiety or depression. Yet, there is one benefit that is not necessarily always spoken about. 

Being sober on St. Patrickā€™s Day or any day removes all chances of impaired driving. Unfortunately, days that promote heavy alcohol use may increase the chances of drunk or drugged driving. For example, in Washington State, impaired driving has been involved in roughly half of fatal crashes for decades. In 2022, 52% of traffic fatalities involved an impaired driver, according to the Traffic Safety Commission. 

Moreover, drivers ages 21 to 30 make up one-third of impaired drivers in fatal crashes, and another 20% are ages 31 to 40. If you are celebrating St. Patrickā€™s Day sober, take the necessary precautions and look out for one another. If you choose to consume alcohol, drink responsibly, know your limits, and do not drink and drive.

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