Connect with us

Commentary

Stuck in limbo: Ukrainian government leaving LGBTQ community behind

Country saw years of steady progress before war began

Published

on

Viktor P., an openly gay soldier who has served in the Ukrainian army since the beginning of the Russian invasion, still doesn't have equal rights. (Photo by Alim Yakubov)

BY BOGDAN GLOBA | “It’s not the right time.” 

This is the most frequent response received when advocating for the LGBTQI+ community, but the truth is it is never a suitable time for changes or progress, or even for a discussion about human rights for minorities such as LGBTQI+ people. Since the Soviet Union collapsed in 1991 and the Ukrainian Republic regained independence, a lot of progress was made. For example, Ukraine was the first country out of the post-USSR ones that decriminalized punishment for homosexuality (the Soviet Union criminalized homosexuality with seven years of imprisonment or labor camp detention.) 

In addition, following the Revolution of Dignity, when the Ukraine’s Parliament passed progressive anti-discrimination bills, later they passed the amendment to the labor code that protects from discrimination in the workplace based on sexual orientation and gender identity (SOGI). An important note: The new amendment to the labor code is still the most advanced in Europe, as many countries have adopted legislation protecting discrimination based on sexual orientation without including gender identity. Even the judicial branch made some contributions. Ukraine’s constitution in Article 24 bans discrimination in general; at the same time, it doesn’t have SOGI in the list, but instead has an open list. In May 2014, after two decades, the Supreme Specialized Court of Ukraine wound down legislative debates and published a constitutional review that interpreted the constitution as banning any form of discrimination, including based on SOGI. 

Unfortunately, since 2016, Ukraine’s Parliament has stopped making any legislative progress towards equality for LGBTQI+ people, and all changes have moved to the government executive level. But, even though Ukraine has changed a lot culturally and politically, among the biggest and most crucial puzzles remains unsolved — same-sex marriages or, a bare minimum for the gay community, civil partnership.

Mission impossible (or not) 

The biggest roadblock to same-sex marriage in Ukraine is the constitution. 

Back in 1996, when the first version of the constitution was written, Ukrainian MPs limited the institution of marriage only to men and women, preventing any marriage debates for generations. The mission to change the constitution means the LGBTQI+ movement needs to elect a supermajority in the Verkhovna Rada (300 MPs out of 450) three times, the Constitutional Court needs to approve changes, and the president needs to sign the bill. 

Other examples of stalled progress make the situation look even more bleak.  

Bill 5488 was introduced in May 2021 as part of a long-term affiliation process with the European Union, and part of an Action plan for National Human Rights Strategy and many U.N. resolutions, including recommendations from the U.N. Human Rights Council. This bill would change the Criminal Code to clarify language in Article 161 to add hate crimes protections for LGBTQI+ persons and other marginalized groups.

Unfortunately, the bill was dead on arrival and never voted on in the Parliament, even though it would provide protection from hate crimes not only based on sexual orientation and gender identity, but also based on race, religion, color, language, gender and disability and many more. Broadening protections against hate crimes has broad support overall. Following threats on KyivPride’s march in 2016, even the Orthodox Church of Ukraine made a statement declaring the physical attack unacceptable.                               

Until now, the Ukrainian Parliament held down the “last fort” of traditional family values and didn’t move forward with legislation that included SOGI. Meanwhile, LGBTQI+ Ukrainians continue to lose trust in their government’s ability or desire to protect them. Only this year, the Human Rights Ombudsman reported 17 cases of hate crimes based on SOGI and only one verdict in the court. Human rights organizations may report hundreds more hate crime cases every year (Ukraine human rights organization Nash Mir Center reported 186 documented hate crimes based on SOGI in 2020), but still, without adopting Bill 5488 or similar legislation, there won’t be an effective system preventing these hate crimes and providing justice for minorities and marginalized groups.

Another existential challenge for the LGBTQI+ community will be adopting a civil partnership bill (as same-sex marriage is realistically not possible in the coming decades). “Preserving the institution of marriage” only for straight families, but letting same-sex couples have civil recognition, could let Ukraine join the ranks of other democratic and progressive countries, while appeasing some of the conservative sector’s demands. In most European countries, a civil partnership law was the middle step before same-sex marriages were fully recognized. That institution is long overdue and most needed in Ukraine right now, while thousands of LGBTQI+ are serving in the army with a civilian partner back at home. For straight couples, if something happens with a military partner (wounded or killed), a civilian partner will obtain a variety of government benefits, from cash support to housing. In the case of same-sex couples, they are invisible to the government and have no help or recognition. A civilian person has no right to even bury their partner’s body. 

The Ukrainian government demonstrates insufficient desire to fix LGBTQI+ inequality 

LGBTQI+ Ukrainians are equal enough to serve your country but not equal enough to get the same benefits of straight couples, or to receive adequate protections against hate crimes. The Union of the LGBT Military in Ukraine (a non-government organization) already includes a few hundred openly LGBTQI+ members and a thousand queer military who follow their activities. While they actively fight to protect the republic, they sincerely hope politicians and government have their back. And as many politicians repeat kumbaya about all Ukrainian soldiers being heroes, it does look like they believe LGBTQI+ heroes don’t need the same benefits or support as their colleague’s heterosexual ones.

Left behind 

Historically, the most significant and quickest progress for the LGBTQI+ community in Ukraine has happened (2014-2016) in combination with a few factors: The process of joining a visa-free regime with the Schengen zone and integration into the European Union, the cultural revolution when Ukrainian start to watching more Netflix and Western media than Russian channel, and U.S. government investment of great resources to promoting democratic values, including many cultural and exchange programs which help to bolster civil society and the LGBTQI+ human rights movement in Ukraine.

Unfortunately, with the changing power in the White House in 2016, the U.S. government’s priority shifted dramatically, and the Ukrainian LGBTQI+ community was left with markedly less support in the fight for their civil rights with the Ukrainian government, at the same time fighting back against Russian anti-LGBTQ propaganda, the Russian orthodox church’s lobby, and rising right-wing organizations. To add insult to injury, a few representatives from the U.S. Congress came down to Kyiv to participate in a prayer breakfast and lobby for traditional family values, including banning “gay propaganda.” In fact, a group of U.S. congressmen who came to Ukraine’s parliament to lobby for a ban on “LGBTQI+ propaganda” was led by U.S. Rep. Juan Vargas (D-Calif.). The same Vargas, who is a member of the Congressional Equality Caucus, has a 100 percent score LGBTQI+ friendly rating by the organization Human Rights Campaign and is a member of the Democratic party (which by many press releases in favor of protection of the LGBTQI+ community abroad) who represents the greatest state of California. Until now, it was only a delegation representing the U.S. Congress and including member of Congressional Equality Caucus, which made a trip to Ukraine to talk about LGBTQI+ issues, but just sadly, they talk about the need to criminalize the queer community, not share experiences of how the U.S. navigated many discussions and made gay marriage possible in the U.S.      

At the same time, the European Union is losing the opportunities to stand for the human rights for LGBTQI+ in Ukraine even though the European Commission and other institutions have a lot of tools in the box to be more actively advocating for equality. Unfortunately, integration into the EU does not require recognition of same-sex marriages, as the EU doesn’t regulate marriage standards for members, and after Ukraine passed anti-discrimination legislation and banned the bare minimum of protecting the LGBTQI+ community from discrimination in the workplace, European bureaucrats checked all boxes and lost political interest in any advocacy for the queer community. 

The greatest example was a few weeks window in 2022 when the EU was considering Ukrainian application to become a candidate for a member of the European Union, and the Eurocommision passed to the Ukrainian government must to do list which included the ratification Istanbul Convention but failed to mention hate crime bill there, what was already in Parliament and ready to vote, even more — less sensitive and controversial then Istanbul Convention (religion organization was massively oppose ratification on affair “gender ideology” and actively pushing back in parliaments many years.) 

The last miles of the equality marathon

Ukraine did make enormous progress toward equality for the LGBTQI+ community in the past. More than that; the newish Ukrainian society is much more tolerant, welcoming and friendly. In 2015, KyivPride had a few hundred activists — more than 10,000 people participated in the last one. Surprisingly, most of them were straight people. Ukraine has the biggest movement of LGBTQI+ soldiers in Europe, the larger parents of queer children movement and many more. The picture becomes even brighter if you look at the map and realize all regional countries are going backward on LGBTQI+ issues. Belarus and Russia criminalized homosexuality back in their wish to relive the Soviet Union. Still, even Poland has a free LGBTQI+ zone movement where some regional counties declare themself free from the LGBTQI+ community. On that background, Ukraine looks like the most promising and leading country in the region. Only the Ukrainian government took a nap on the last miles of a marathon.  

How can we shake the Ukrainian government and help them stop lingering on the most essential legislation for the LGBTQI+ community, and end the inequality battle in Ukraine? We can start actively using our diplomacy again. For example, Congress can send a delegation to exchange experiences on how they pass the Marriage Equality Act. The White House and State Department can be more proactive in working groups for the implementation of the U.S.-Ukraine Charter on Strategic Partnership, which includes the Ukraine government’s obligation to pass the hate crime bill, The Department of Justice can organize education program for its Ukrainian counterpart and help them to learn from the U.S. experience on preventing hate crimes. And as we are a country with the largest number of LGBTQI+ envoys in the government per square foot, can we use them at least once for the greatest good?

First Ukrainian column in Capital Pride, which included Ukrainian diplomats who walked with a Ukrainian queer group, for the first time ever in D.C. in June 2022. (Photo by Harmilee Cousin III)

LGBTQI+ as national security for the US       

The important nuance that many experts miss is the LGBTQI+ issue in Ukraine and Eastern Europe (and even broader) is a more complicated issue than we think. One of the self-declared reasons Russia justifies its war and invasion of Ukraine is “traditional family values” and their preventing Slavic people from biting the forbidden fruit of GayEurope. When the Russian army took over Mariupol, the biggest TV story on the Russian government channels was a video of how they found the “US strategic center of gays and lesbians in Mariupol.” The fact is that was an office of the local non-government organization that works with USAID on humanitarian projects and happens to have some posters from KyivPride. But even this Russian crusade against liberal values in Europe is not so damaging as their professional disinformation, work, and influences on American society with a false narrative. Right at this moment, thousands of Russians somewhere in a troll farm in the Crimea are making sure for the millions of U.S. citizens in the coming election, the most important issue will be what restroom to choose instead of social security reform. 

An LGBTQI+ rights protest in front of the Stonewall Inn and the queer Ukrainian community in New York in March 2022. (Photo by Bogdan Globa)

Nina Jankowich, an expert on government strategic communication, in her book How to Lose the Information War gave a few examples of Russian misinformation campaigns that started in Ukraine but had real consequences on the US presidential election in 2020. She asks a question in her book: “The U.S. and the Western world have finally begun to wake up to the threat of attack from Russia … what can the West do about it?”

From my perspective as a Ukrainian by birth, American by choice, and gay by nature, the answer is simple: What if we start not talking about values but implementing them? What if, bit by bit, we will all be together to fight for democratic values and principles? And maybe Russians will never choose another matrix, but our matrix will be stronger and more resilient to the “Evil Empire.”          

Bogdan Globa is the president and co-founder of QUA – LGBTQ Ukrainians in America, a former assistant to the Human Rights Committee chair in the Verkhovna Rada (2014-2016) co-founder and CEO of Fulcrum (2012-2016), an LGBTQI+ organization.  

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Commentary

Is Ghana’s selective justice a human rights contradiction?

Country’s commitment to human rights appears inconsistent

Published

on

Ghanaian flag (Public domain photo from Pixabay)

Ghana’s mission to have the United Nations recognize the trafficking of enslaved Africans and racialized chattel enslavement as the gravest crime against humanity is a historic milestone. The resolution adopted on March 25, 2026, with 123 out of about 180 countries in support, marks a major step toward global acknowledgement of the brutality and inhumanity of slavery. A 2022 report by the Equal Justice Initiative, “The Transatlantic Slave Trade,” highlights how during the slave trade, Africans who were enslaved had no rights, freedom, recognition or protection under the law. They had no voice, no bodily autonomy, no respected identity and could be brutally violated with no legal protection. This history represents a grave crime against humanity.

In my opinion, Ghana and the other countries that voted in favor are entirely right to say that such historic events cannot be sanitized or reduced to diplomatic language. Recognition is the first step towards accountability. This matter is important because it is arguably the foundation of the modern-day injustice and inequality people experience, including wealth inequality, racism, sexism, xenophobia, and queerphobia.

The double standard

Yet, despite this important step on the world stage, Ghana’s commitment to human rights appears inconsistent. The same government advocating for justice for enslaved Africans is enacting laws that jeopardies the rights of Africans today. This contradiction between Ghana’s international stance and its domestic policies is at the heart of the discussion.

In February 2026, the Ghanaian parliament formally received the Human Sexual Rights and Family Values Bill. The bill is a grave threat to the rights to nondiscrimination, protection under the law, privacy and freedom of association, assembly, and expression. It expands criminalization of LGBTQ+ people, and anyone associated with them. This Human Sexual Rights and Family Values Bill calls for a three-year imprisonment for anyone who identifies as LGBTQ+, anyone who has gender affirming treatment, anyone who enters into a same-sex marriage or attends a same-sex wedding and anyone who promotes equal rights for LGBTQ+ people. It turns enforcement into a societal obligation rather than just a state function, encouraging people to report anyone who looks suspicious or different. This further legitimizes the brutal attacks on LGBTQ+ people socially, which leaves the people of Ghana with blood on their hands.  

Ghana’s proposed and reintroduced anti-LGBTQ+ legislation is said to be among the most restrictive in the world and will result in the inhumane treatment of LGBTQ+ people. It not only further criminalizes consensual same-sex relations but also targets civil society organizations that are perceived to be supporting equal rights for LGBTQ+ people. So, if this law passes, it will be illegal to support equal rights and challenge the inhuman treatment of queer Ghanaians and allies. Is this not a double standard? Ghana seeks justice for the ill-treatment of Africans during the transatlantic slave trade but is actively in the process of seeking to harm its own people.

This is not theoretical harm; it is practical harm. According to the Human Rights Watch, LGBTQ+ people in Ghana already face systemic stigma, discrimination, harassment and violence, often enabled by both legal frameworks and social stigma, resulting in a hostile climate.

Ghana falls short of upholding human rights at home

On the global stage, Ghana is arguing that the dehumanization of Africans through slavery was so severe that it constitutes the gravest possible violation of human dignity. This argument rests on a core principle that reducing people to less than fully human is unacceptable under any circumstances.

Back at home, the state is endorsing laws that do exactly that to LGBTQ+ people. Criminalizing identity, suppressing expression, clamping down on civic space, monitoring and surveilling citizens and advocating for social exclusion. These are elements of dehumanization signaling that some are less deserving of protection, dignity, respect, and justice. That is the definition of a double standard.

Supporters of these laws often frame homosexuality as un-African, but this claim does not hold up under scrutiny. In his article, “The ‘Deviant’ African Genders That Colonialism Condemned”, Mohammed Elnaiem emphasizes that historical and anthropological evidence shows that diverse sexualities and gender expressions existed across African societies long before colonial rule. Ironically, many of the laws used to criminalize LGBTQ+ people today trace directly back to the colonial-era. This is even supported by the African Court, which, in December 2020, through its Advisory opinion, made it clear that these colonial-era laws are discriminatory and perpetuated marginalization. The African Court also called on African states to take action in this regard.

It is no secret that anti-rights actors are actively operating in Ghana and supporting leaders to advance their anti-rights agenda. They are increasingly organized, visible, well-funded, and influential in shaping state policy. The upcoming 4th African Inter-Parliamentary Conference on Family and Sovereignty, scheduled to take place in Accra from May 27-30, 2026, is a clear example of this coordination. The conference endorses the so-called African Charter on Family Values, a deeply contested initiative that frames LGBTQ+ people as a threat to children and positions queer identities as foreign ideologies. This platform is being used to legitimize and advance anti-LGBTIQ+ legislation, restrict comprehensive sexuality education and roll back sexual and reproductive health rights. In this context, the treatment of LGBTQ+ people in Ghana cannot be viewed as isolated policy choices, but rather as part of a broader coordinated anti-rights agenda that normalizes and legalizes discrimination. It fuels increasingly inhumane conditions for queer communities and civil society. Ghana is simultaneously rejecting colonial injustice in one breath while enforcing colonial-era morality laws in another.

There is also a legal inconsistency worth noting. Ghana’s own Constitution guarantees the right to life, protection from violence, the right to personal liberty, the right to human dignity, equality and freedom from discrimination and the right to a fair trial. Yet, in practice these rights are not equally applied to LGBTQ+ individuals. Depriving equal rights to LGBTQ+ persons is the same as what the slave owners did to slaves.

You cannot build a credible human rights position on selective application

To be clear, recognizing slavery as a crime against humanity is not diminished by pointing out this contradiction. Both truths can coexist: the UN resolution is a victory and Ghana’s domestic policies remain deeply troubling. In fact, holding both realities together is necessary if the language of human rights is to mean anything at all. Ghana has taken a powerful stand on the global stage. The question now is whether it is willing to apply that same moral clarity at home.

Bradley Fortuin is a consultant at the Southern Africa Litigation Center and a human rights activist.

Continue Reading

Commentary

The cost of speaking one’s mind

Colombian artist José Miel’s recent comments on Pride, LGBTQ community sparked controversy

Published

on

José Miel (Photo courtesy of José Miel)

Colombian artist José Medina, known professionally as José Miel, 34, originally from Bogotá, is going through one of the most complex moments of his public career. Following his exit from “La casa de los famosos Colombia,” his name has been placed at the center of a controversy that has gone beyond the realm of entertainment and into a broader terrain: the debate over freedom of expression, diversity, and the limits of dissent within a society that defines itself as inclusive.

Miel is not an improvised figure. His trajectory in music, acting, and television reflects a sustained process of training, work, and exposure across different platforms. He participated in “Yo me llamo” (2019) and “La Descarga” (2022), establishing himself as a versatile artist within the Colombian entertainment industry. His career has been built through effort, in an industry that does not guarantee permanence without discipline.

However, the recent focus is not on his artistic work, but on his statements.

On March 15, the program “La Red” on Caracol Televisión released an interview on its digital platforms in which the singer spoke openly about the difficult moment he is facing, stating that his words — referring to comments he made after leaving “La casa de los famosos” — “cost him dearly.” His opinions on Pride, inclusive language, and the LGBTQ acronym triggered an immediate and polarized reaction.

From that moment on, the debate moved beyond the content of his words and opened another angle that cannot be overlooked.

Miel is known for the precision, firmness, and clarity with which he expresses his ideas. He is not an improvised artist, neither in discourse nor on stage. However, amid this controversy, a question also arises — one that deserves consideration from a journalistic standpoint:

What was the intention of the journalist, commentator, or media outlet that posed the questions leading to these statements?

This is not about shifting responsibility for what was said, but about understanding the context in which it occurred. At a moment in his career marked by multiple opportunities and projects, Miel’s responses placed him at the center of a controversy with real consequences.

In that sense, it is worth asking whether these were genuine questions within an open dialogue, or whether they followed a more provocative line, aimed at generating headlines or exposing the interviewee in a sensitive terrain.

This is not a minor question.

In media environments where every word can be amplified, the role of the one asking the questions is also part of how the story is constructed.

Within this context, this outlet held a phone conversation with the artist this Wednesday in order to gather his position directly. What follows are his responses to three central themes: the consequences of his words, his identity, and his call for respect.

Regarding the personal cost of expressing his opinion, Miel was clear:

You are now paying a high price for speaking your mind.

Do you regret having spoken out, or do you still believe your voice is non-negotiable?

Response:

“I believe that as human beings we all know that giving an opinion on any topic will bring problems. That’s the problem with society: it doesn’t respect other people’s opinions, because many think they are always right, and that’s not the case. Everyone has their reasons, everyone has their opinions, and those must be respected — even if you disagree.

What I expressed was an opinion without discrimination, without harming anyone, without stepping on anyone. And yet the opposite has been done to me: I’ve been trampled on, harmed, threatened, sent very ugly messages, harassed, hate coming from everywhere.

I knew what I was getting into. I knew what could happen. But I am proud of myself. I am proud of my conviction, and I will defend it until the end, because I truly believe in what I said. I do not regret it.”

When addressing his stance on labels, Pride, and how he defines himself, the artist stated:

You say you don’t identify with certain expressions of Pride or with the acronym.

So how do you define who you are, without labels or molds?

Response:

“Well, I don’t identify with Pride marches because they don’t represent me at all. They would represent me if they were respectful and appropriate, because many families attend — children, grandparents, parents … everyone is there.

And it’s quite disrespectful to see many people — not all, I emphasize — exposing their bodies, wearing very little clothing, drinking alcohol, intoxicated, using drugs. I don’t think that’s the way I would seek respect and equality.

I don’t like the term LGBTIQ+ community or all the letters that keep being added, because I feel that these acronyms make people discriminate more. I understand why they exist, because I know that what is not named does not exist, but I feel it is not the right way.

To me, everyone is part of society. We are human beings.

I don’t have labels or molds. I am a man, I am homosexual, and that’s it. The fact that I wear makeup or more feminine clothing is part of my artistic work, part of the stage. My everyday life is completely different.”

Finally, when referring to the reactions he has received, Miel insisted on a point that runs throughout his position:

You speak about respect, yet you’ve received attacks even from within the same community. What do you say today to those who call for inclusion but do not respect when someone thinks differently?

Response:

“I realized that the same community discriminates against itself. Many gay people have written to support me, telling me how brave I am, that they think the same way but don’t dare to speak.

To those who disagree with my opinion, I say: respect it, even if you don’t like it. You can express your opinion because we live in a free country, but do it with arguments, from your perspective, without stepping on others.

Because that is not the way.

I understand the struggles, I understand what is being sought, but I feel that if other ways of fighting were heard, many things could be achieved through respect and equality.

Everyone is free to think and say what they want — but always with respect. It’s that simple.”

Beyond his statements, what the artist is currently facing was also exposed in the March 15 interview on “La Red.” In that space, Miel described in his own words what he called a “string of problems”: constant harassment on social media, direct threats, hate messages, canceled performances, loss of contracts, and stalled projects due to external pressure and boycott warnings.

This situation not only highlights the media impact of his words, but also the material consequences that expressing an opinion can have in today’s digital environment.

His statements also drew reactions from the political sphere. Colombian Congressman Mauricio Toro wrote on social media:

“Hate and discrimination are learned. Sometimes they are so deeply rooted that they turn against oneself. José Miel, neither you nor I have anything to hide or to be ashamed of. Being free and loving without fear is the greatest thing you can experience as a human being.”

However, this position was also criticized. A significant number of users — even those who do not agree with the artist’s statements — have insisted that his right to express his views must be respected, pointing to a growing tension between inclusive discourse and tolerance for dissent.

The case of José Miel goes beyond a media controversy. It reflects a broader reality: the difficulty of sustaining respect when opinions do not align, even within spaces that promote diversity.

In a context where social media amplifies every stance, reactions to difference become immediate and, in many cases, disproportionate.

Beyond individual positions, what happened raises a deeper question:

Is it possible to speak of inclusion if we are not capable of respecting difference?

The philosopher Voltaire left behind an idea that remains relevant:

“I disagree with what you say, but I will defend to the death your right to say it.”

That is the point.

Because if a society is not capable of upholding the right of others to express themselves — even when it is uncomfortable — then it is not building inclusion; it is merely managing agreement.

And in that scenario, the case of José Miel stops being an isolated episode.

It becomes a test.

A test of how far we are willing to go in respecting others when they do not think like us.

Support does not mean agreement.

In this case, support means something more basic and more necessary: defending the right to exist, to think, and to express oneself without being destroyed for it.

Continue Reading

Botswana

Lorato ke Lorato: marriage equality, democracy, and the unfinished work of justice in Botswana

High Court considering marriage equality case

Published

on

By

(Bigstock photo)

As Botswana prepares for the resumption of a landmark marriage equality case before the High Court on July 14–15, the country finds itself at a critical constitutional crossroads.  

At first glance, the matter may appear to be about whether two women, Bonolo Selelelo and Tsholofelo Kumile, can have their love legally recognized. At its core however, this case is about something far more profound: the dismantling of patriarchy, the decolonization of law, and the integrity of Botswana’s constitutional democracy. 

Beyond marriage: a question of power 

Marriage, as a legal institution, has never been neutral. It has historically functioned as a  mechanism for regulating women’s bodies, sexuality, and social roles within a patriarchal  order. To deny LBQ (lesbian, bisexual, and queer) women access to marriage is not merely to exclude them from a legal benefit, it is to reinforce a hierarchy of relationships, where heterosexual unions are deemed legitimate and all others invisible. This case therefore challenges the very foundations of who gets to love, who gets to belong, and who gets to be protected under the law. 

As feminist scholars have long argued, patriarchy is sustained through institutions that  appear ordinary but are deeply political. The law is one such institution. And it is precisely  here that this case intervenes: by asking whether Botswana’s legal system will continue to uphold exclusion, or evolve to reflect the constitutional promise of equality. 

A constitutional journey: Botswana’s courts and human dignity

This is not the first time Botswana’s courts have been called upon to affirm the dignity of  LGBTQI+ persons. Over the past decade, the judiciary has built a progressive body of  jurisprudence grounded in equality, nondiscrimination, and human dignity. 

In Attorney General v. Rammoge and Others (Court of Appeal Civil Appeal No. CACGB 128-14, 2016), the Court of Appeal upheld the right of LEGABIBO to register as an organization. The court affirmed that: 

“The refusal to register the appellant society was not only unlawful, but a violation of the  respondents’ fundamental rights to freedom of association.”

This was followed by the ND v. Attorney General of Botswana (MAHGB-000449-15,  2017) case, where the High Court recognized the right of a transgender man to change his gender marker. The court held: 

“Gender identity is an integral part of a person’s identity … and any interference with  that identity is a violation of dignity.” 

In Letsweletse Motshidiemang v. Attorney General (MAHGB-000591-16, 2019), the High Court decriminalized same-sex activity, declaring sections of the Penal Code unconstitutional. Justice Leburu powerfully stated: 

“Human dignity is harmed when minority groups are marginalized.” 

This decision was affirmed by the Court of Appeal in Attorney General v. Motshidiemang (CACGB-157-19, 2021), where the court emphasized: 

“The Constitution is a dynamic instrument … it must be interpreted in a manner that gives effect to the values of dignity, liberty, and equality.” 

These cases collectively establish a clear principle: the Constitution of Botswana protects all persons, not just the majority. 

The marriage equality case now asks a logical next question: If LGBTQI+ persons are entitled to dignity, identity, and freedom from criminalization, why are their relationships still denied recognition? 

Decolonizing the law: What is truly ‘UnAfrican’? 

Opponents of marriage equality often argue that homosexuality is “unAfrican.” This claim, while politically powerful, is historically inaccurate. Same-sex relationships and diverse gender identities have existed across African societies long before colonial rule. What is foreign, however, are the laws that criminalize these identities. 

Botswana’s anti-sodomy laws were inherited from British colonial legal systems, not from  indigenous Tswana culture. As scholars of African history have demonstrated, colonial  administrations imposed rigid Victorian moral codes that erased and suppressed existing  sexual diversity. To claim that homosexuality is unAfrican, while defending colonial-era laws, is therefore a contradiction.

A truly decolonial approach to the law requires us to ask: Whose morality are we upholding? And whose history are we erasing? 

Marriage equality, in this sense, is not a Western imposition: it is part of a broader project of reclaiming African dignity, plurality, and humanity. 

Democracy on trial: the question of separation of powers

This case also raises important questions about the health of Botswana’s democracy. 

Following the 2021 Court of Appeal decision affirming the decriminalization of same-sex  relations, Botswana witnessed public demonstrations, including marches led by groups such as the Evangelical Fellowship of Botswana (EFB), opposing the judgment and calling for the retention of discriminatory laws. 

While public participation is a cornerstone of democracy, these events raise deeper concerns about the separation of powers. Courts are constitutionally mandated to interpret the law and protect fundamental rights, even when such decisions are  unpopular. When judicial decisions grounded in constitutional principles are publicly resisted on moral or religious grounds, it risks undermining the authority of the courts  and the rule of law itself. 

Democracy is not simply about majority opinion: it is about the protection of minority rights within a constitutional framework. 

Botswana is not a theocracy 

It is also important to clarify a recurring misconception: Botswana is not a Christian nation. 

Botswana is a secular constitutional democracy and more accurately, a pluralistic society that recognizes and respects diversity of belief, culture, and identity. The Constitution does not elevate one religion above others, nor does it permit religious doctrine to  dictate legal rights. The law must serve all citizens equally, regardless of faith. 

To frame marriage equality as a threat to Christianity is therefore misplaced. The question before the courts is not theological, but constitutional: Does the exclusion of same-sex couples from marriage violate the rights to equality and nondiscrimination?

Love, equality, and the future of justice 

At its heart, this case is about love, but it is also about power, history, and justice. It asks whether Botswana is prepared to move beyond colonial legal frameworks and patriarchal  norms, and to embrace a future grounded in equality, dignity, and inclusion. 

It asks whether the Constitution will continue to be interpreted as a living document, one that evolves with society, or remain constrained by outdated moral assumptions. Ultimately, it asks whether Botswana’s democracy can hold true to its founding promise: that all persons are equal before the law. 

As the High Court prepares to hear this case in July 2026, the nation has an opportunity to affirm not only the rights of two individuals, but the broader principle that love, in all its diversity, deserves recognition, and protection. 

Lorato ke lorato.  

Love is love. 

Justice, if it is to mean anything at all, must make space for it.

Nozizwe is the CEO of LEGABIBO (Lesbians, Gays and Bisexuals of Botswana)

Continue Reading

Popular