Commentary
Botswana religious groups threaten rule of law and refuse LGBTQ rights
Country’s Council of Churches applauded 2019 decriminalization ruling
By Bradley Fortuin and Matlhogonolo Samsam | Botswana is considered a secular state and all people have equal access to religious organizations and institutions. There are three Christian umbrella bodies in Botswana — being the Botswana Council of Churches, the Evangelical Fellowship of Botswana and Organization of African Instituted Churches — all of whom have great influence io public perceptions and attitudes towards various social and rights-based issues.
Faith in action, embracing diversity!
The Botswana Council of Churches, including the Roman Catholic Church, Anglican Church, Lutheran Church and the Methodist Church, in 2019 released a statement applauding the Court of Appeal in decriminalizing consensual same-sex sex in the country. In the statement, the council encouraged its members to abide by the judgment and not discriminate against anyone who identifies as LGBTIQ+. The BCC has been intentional about their views on LGBTIQ+ rights and has continually engaged with queer organizations to get human rights literacy. It is safe to say that they are friends of LGBTIQ+ persons.
Religious discrimination: A barrier to LGBTIQ+ persons‘ rights in Botswana
Recently, there has been a visible increase in anti-LGBTIQ+ rights rhetoric by the EFB and its members, who include politicians. The EFB has been imposing its assumed Christian values on to the nation — a nation that is diverse in beliefs, cultures and identities. Discriminatory behavior towards the LGBTIQ+ community is on the rise, with the EFB being a notable obstacle to progress towards equality. The constitution does provide for freedom of religion and religious practices, but to what extent does religious practices become incitement of violence and hate towards the LGBTIQ+ community?
On Nov. 29, 2021, the Botswana Court of Appeal upheld the decision by the High Court to decriminalize consensual same-sex sexual acts in the country. Beyond this, it affirmed LGBTIQ+ people’s rights to liberty, dignity, privacy, equal protection before the law and body autonomy, as enshrined in the constitution. When the Parliament of Botswana assumed its July/August 2023 session, a bill to amend Sections 164 (a) and (c) of the Penal Code was tabled by the Minister of Defense, Justice and Security, Mr. Ronald Shamukuni. These sections criminalized carnal knowledge against the order of nature and have since been struck down by the High Court and the Court of Appeal in front of a total of eight judges. The procedure to table the bill in Parliament has been said to be standard practice and will in no way go against the orders of the court.
The church threatening Parliament and parliamentarians endanger the rule of law and create an imbalance in the separation of powers by encouraging Parliament to go against the decision of the Court of Appeal. The courts and judges are — and must be — independent of Parliament and the government. The judiciary has already held sections 164 (a) and (c) of the Penal Code to be unconstitutional and ordered it to be repealed. Within the legal framework, Parliament must now adhere to the court’s order and repeal these offences. For the Legislature to attempt or to go against the court’s order shows ignorance of the law, undermining of the Judiciary and disregard for vulnerable and marginalized groups.
The rise of anti-LGBTIQ+ movement in Botswana
Since the motion of intention to table the bill, there has been a stir and public outcry regarding LGBTIQ+ rights and liberties led by the anti-rights movement. The EFB and some politicians have been against the protection of LGBTIQ+ people and increasingly engage in discriminatory behavior against the community. The church, in all its might and power rallied and organized demonstrators to march against the amendment bill by Parliament. There have been three demonstrations in the last four weeks across the country.
Why is the EFB and some politicians opposed to LGBTIQ+ rights? Why are they a barrier to progress towards equality and inclusion of a group that has been vulnerable and marginalized for a long time in Botswana? Why is the EFB vehemently advocating for the recriminalization of LGBTIQ+ rights?
In its messaging, the EFB has been consistent about their message — that LGBTIQ+ rights have no place in Botswana. Amidst this messaging, with the influence that the church has, and the number of followers in the EFB denominations, this card has been used to persuade and manipulate politicians to reject the amendment bill if they want to survive politically.
Botswana goes for its general elections in 2024, and now is the perfect time to start campaigning — or de-campaigning — for politicians. Several politicians are now at the mercy of the EFB and voting for LGBTIQ+ rights is feared to be political suicide. When, however, politicians and the church are willing to rally against the courts, our democracy is at stake.
Avoiding tyranny of the majority
The EFB and some politicians called for the rights of LGBTIQ+ people to be put to a referendum and to have the public decide. By doing so, there is the risk of the majority imposing its will on the people. LGBTIQ+ rights are not a popularity contest and should not be contingent on popular opinion; basic human rights should not be up for debate or subject to the changing whims of the majority as they are not dependent on popular opinion but are inherent to all human beings. LGBTIQ+ individuals have historically faced exclusion, discrimination, prejudice and violence and subjecting their rights to a referendum perpetuates this vulnerability. It undermines the principles of dignity, liberty and equal protection under the law, entrenched in our constitution and upheld by our courts. The views of the EFB are not the views of Batswana at large.
In 2016, the Afrobarometer reported that at least 43 percent of Batswana are not opposed to LGBTIQ+, while in its 2021 report, it reported that 50 percent of Batswana are open-minded and unprejudiced to LGBTIQ+ people. The increased acceptance of LGBTIQ+ persons in Botswana reflects that public opinion is in fact not what the church and politicians are assuming.
To promote fairness and equality, religious organizations must understand that they are separated from governmental structures and should refrain from wielding undue influence on legislative issues that impact members of different faiths, beliefs or those who are not religious. The call to deny LGBTIQ+ people their rights because of fundamentalist religious beliefs perpetuates inequality and discrimination and sends the message that certain groups of people are less deserving of rights and protections in Botswana.
Bradley Fortuin is the LGBTIQ+ Program Officer at the Southern Africa Litigation Center and a social justice activist.
Matlhogonolo Samsam is the Media and Community Liaison Lead at Black Queer DocX and a queer feminist working towards the development of an inclusive LBQ+ society.
Commentary
Celebrate Pride in Lost River, a slice of rural heaven
West Virginia LGBTQ getaway hosts events June 12-14
“Country roads, take me home, to the place I belong, West Virginia …” Those immortal lyrics describe one of the best-kept secrets for LGBTQ Washingtonians: Lost River, W.Va.
Less than 2.5 hours from the D.C. metro area, Lost River, in Hardy County, W.Va., is a haven for LGBTQ Mountaineers and our nearby city neighbors. From queer-owned businesses and artwork to a vibrant community of LGBTQ residents, Lost River has been a destination for LGBTQ visitors seeking a mountain getaway for nearly 50 years. For some, our rural community has become home for those who want to trade city life for country living.
Because Lost River welcomes all, we celebrate Pride each year in our slice of heaven.
Lost River Pride Weekend will be held June 12–14, the weekend prior to Capital Pride. If you haven’t been, our Pride is a little different from the urban Pride events most people are used to. In Lost River, forget the multinational corporate sponsors. Instead, think about local talent, grassroots community organizations, and our version of patriotism on full display. Most of all, we welcome people from all walks of life to live authentically as themselves, regardless of where they come from, how they think, or how they love. We truly welcome everyone.
Coincidentally, Lost River Pride Weekend is being held on President Trump’s birthday weekend, including a variety of traffic-jamming events in the D.C. area and the upcoming fight on the White House lawn. Why not come visit Lost River for the day or the weekend (we have some wonderful places to stay) and get a taste of West Virginia living?
While our town has only about 500 people at any given time, we swell to over twice that during Pride weekend. Friday evening includes an intimate cabaret at the Inn at Lost River (whose general store is on the National Register of Historic Places). Our centerpiece, the Lost River Pride Festival, is hosted on Saturday at the local farmers market, followed by an afternoon drag pool performance and an evening performance by the world-renowned Tom Goss at the Guesthouse Lost River. Finally, we finish the weekend with a closing brunch at the Inn to reaffirm our Pride. In between events and throughout the weekend, visitors and locals indulge in local art, restaurants, and more.
We recognize that West Virginia isn’t always seen as welcoming to LGBTQ people. State law does not protect against discrimination based on sexual orientation or gender identity, and cultural stereotypes remain persistent. Additionally, trans girls are prohibited from participating in sports of their affirmed gender in schools. In a state considered one of the most conservative, it can be difficult to see progress.
However, our community exists to prove that progress is possible. In fact, due to the work of statewide groups such as Fairness WV, 21 municipalities have passed local ordinances prohibiting discrimination based on sexual orientation and gender identity, covering more than 13 percent of the West Virginian population. Last year, Lost River Pride sponsored the first-ever equal cash prize for the nonbinary category of the Lost River Classic, a local bike race held annually. There is hope in every corner of our community.
Recently, Lost River Pride was the only West Virginia contingent in the 2025 World Pride Parade, which was held during Capital Pride Weekend. I will always remember our rugged truck coming down 14th Street to a sea of diverse, friendly faces, while waving our state flag and hearing many voices singing “Country Roads” in every remix available (trust me, there are many).
Lost River Pride is one of only a handful of Pride organizations in West Virginia and one of the few structured as a nonprofit. We sponsor the only LGBTQ scholarship in Eastern West Virginia for a graduating senior from a local high school. Moreover, we provide monthly community programming and make frequent donations to local allied nonprofits, including the fire department, food pantry, and schools.
I encourage you to attend Lost River Pride Weekend, especially this year’s Lost River Pride Festival on Saturday, June 13, from 12-4 p.m., at the Lost River Farmers Market (1089 Mill Gap Road, Lost City, W.Va. 26810). Feel free to reach us at [email protected] or visit our website at lostriverpride.org for more information.
Tim Savoy is president of the board of directors of Lost River Pride.
Commentary
How do you vote a child out of their future?
Students reportedly expelled from Eswatini schools over alleged same-sex relationships
There is something deeply unsettling about a society that turns a child’s future into a public referendum. In Eswatini, there were reports that students were expelled from school over alleged same-sex relationships, and that parents were invited to vote on whether those children should remain, forcing us to confront a difficult question on when did education stop being a right and become a favor granted by collective approval? Because this is a non-neutral vote.
A vote reflects power, prejudice and personal beliefs, which are often linked to tradition, culture, politics and religion. It is shaped by fear, by stigma, by long-standing narratives about morality and belonging. To ask parents, many of whom may already hold hostile views about LGBTIQ+ people, to decide the fate of children is not consultation. It is deferring the responsibility and repercussion. It is placing the lives of young people in the hands of those most likely to deny them protection.
And where is the law in all of this?
The Kingdom of Eswatini is not operating in a vacuum. It has a constitution that guarantees the promotion and protection of fundamental rights, including equality before the law, equal protection of the laws, and the right to dignity. The constitution further goes on to protect the rights of the child, including that a child shall not be subjected to abuse, torture or other cruel, inhuman and degrading treatment or punishment.
The Children’s Protection and Welfare Act of 2012 extends the constitution and international human rights instruments, standards and protocols on the protection, welfare, care and maintenance of children in Eswatini. The Children’s Protection and Welfare Act of 2012 promotes nondiscrimination of any child in Eswatini and says that every child must have psychosocial and mental well-being and be protected from any form of harm. The acts of this very instance place the six students prone to harm and violence. The expulsion goes against one of the mandates of this act, which stipulates that access to education is fundamental to development, therefore, taking students out of school and denying them education contradicts the law.
Eswatini is a signatory to the United Nations Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child. These are not just commitments made to make our governments look good and appeasing. They are obligations. The Convention on the Rights of the Child is clear regarding all actions concerning children. The best interests of the child MUST be a primary consideration and NOT secondary one. According to the CRC, as indicated in the Declaration of the Rights of the Child, “the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth.” It is not something to be weighed against public discomfort and popularity.
The African Charter on the Rights and Welfare of the Child reinforces this, grounding rights in non-discrimination (Article 3), privacy (Article 10) and protection from all forms of torture (Article 16). Access to education (Article 11) within these frameworks is not conditional but is a foundational right. It is not something that can be taken away because a child is perceived as falling outside social norms and threatening the moral fabric of society. It is a foundational right and determines one’s ability to participate in civic actions with dignity.
So again, where is the law when children are being expelled?
It is tempting to say the law is silent but that would be too generous. The law is not silent rather, it is being ignored and bypassed in favor of systems of decision-making that make those in power comfortable. When schools and their leadership defer to parental votes rather than legal standards, they are not acting neutrally. Expelling a child from school because of allegations is not a decision to be taken lightly. It disrupts education and limits future opportunities and for children already navigating identity and social pressure, this kind of exclusion can have profound psychological effects. It isolates them. It marks them for potential harm. Imagine being a child whose future is discussed in a room where people debate your worth. That is exposure. That is harm. There is a tendency to justify these actions in the language of culture, tradition, religion and protecting social cohesion. But culture is not static and the practice of Ubuntu values is not an excuse to violate rights. If anything, the principle of Ubuntu demands the opposite of what is happening here.
Ubuntu is not about conformity. It is about recognition and is the understanding that our humanity is bound up in one another. That we are diminished when others are excluded. That care, dignity, respect and compassion are not optional extras but central to how we exist together. Where, then, is Ubuntu in a school where some children are deemed unworthy of access to education?
Why are those entrusted with protecting children are failing to do so?
There is a very loud contradiction at play. On one hand, there is a claim to shared values and to the importance of community. On the other hand, there is a willingness to isolate and exclude those who do not fit within the narrow definition of what is acceptable. You cannot have both. A community that thrives on exclusion is neither cohesive nor safe.
It is worth asking why these decisions are being made in this way. Why not follow the established legal processes? Why not ensure that any disciplinary action within schools aligns with national and international obligations? Why introduce a vote at all? The answer is uncomfortable and lies in legitimacy and accountability. A vote creates the appearance of a collective agreement. But again, I reiterate, it distributes responsibility across many hands, making it hard to hold anyone accountable. It allows the school leadership to say “lesi sincumo sebantfu”(“This is what the community decided, not me”) rather than confronting their own role in human rights violations. If the law is clear and rights, responsibilities and obligations are established, then the question is not what the community feels. The question is why those entrusted with protecting children are failing to do so.
There is also a deeper issue here about whose rights are seen as negotiable. When we talk about children, we often speak of care, of understanding, of protection and safeguarding them because they are the future. But that language becomes selective when it intersects with sexuality, particularly when it involves LGBTIQ+ identities. Suddenly, care, understanding, protection, and safeguarding give way to punishment.
Easy decisions are not always just ones.
If the kingdom is serious about its commitments under its constitution, the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child, then those commitments must be visible in practice, not just in policy documents. Rather, they must guide decision-making in schools and in communities. That means recognizing that a child’s right to education cannot be overridden by a show of hands. It means ensuring that schools remain spaces of inclusion rather than sites of moral policing. It means holding leaders and institutions accountable when they fail to protect those in their care.
Bradley Fortuin is a consultant at the Southern Africa Litigation Center and a human rights activist.
A right does not need to be banned to be restricted. Sometimes it only needs to be made uncertain.
That is what emerges from a closer examination of adoption access for same-sex couples across different countries. There is no broad legal rollback. What appears instead is a more subtle pattern: rights that remain on paper but become fragile, conditional, and uneven in practice.
Italy provides a clear example.
Since 2023, under the government of Giorgia Meloni, administrative decisions have limited the automatic recognition of both mothers in female same-sex couples, particularly in cases involving assisted reproduction abroad. In practice, many families have been forced into additional legal proceedings to validate relationships already established.
At the same time, Italy has intensified its opposition to surrogacy, extending penalties even to those who pursue it outside the country. Human rights organizations have warned that these measures disproportionately affect LGBTQ families, particularly male couples.
The judiciary, however, has pushed back.
In 2025, the Constitutional Court ruled that a non-biological mother cannot be excluded from legal recognition when there is a shared parental project. It also removed a long-standing restriction that prevented single individuals from accessing international adoption.
Italy has not eliminated these rights. But it has made them unstable.
When a right depends on litigation, judicial timelines, or shifting interpretations, it is no longer fully guaranteed.
In the United States, the structure differs, but the outcome converges.
At the federal level, same-sex couples can adopt. Yet the system varies widely across states.
Data from the Movement Advancement Project show that while some states explicitly prohibit discrimination in adoption, others provide no clear protections. In several states, licensed agencies can refuse to work with same-sex couples based on religious objections.
Access, therefore, is shaped not only by law, but by geography, institutions, and applied standards.
Research from the Williams Institute further complicates the narrative. Same-sex couples adopt and foster children at higher rates than different-sex couples.
The contradiction is clear.
Child welfare is invoked, yet the pool of available families is reduced. Faith is cited, yet it is used as a filter within publicly funded systems.
The consequences are tangible
children remain longer in care
processes become more complex
families face unequal scrutiny
What is happening in Italy and the United States is not isolated. Across parts of Europe, conservative governments have advanced legal frameworks that reinforce traditional definitions of family while limiting recognition of diverse ones.
Adoption is not always addressed directly. But the impact accumulates.
Options are restricted while the language of protection is used to justify it.
There is no need to soften it.
This is not only a debate about family models. It is a decision about who is recognized as family and who must continue asking for permission.
That is not neutral.
It is political.
And when a right depends on where you live, who evaluates you, or how hard you are willing to fight for it, that right is already being weakened.
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