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Out in the World: LGBTQ news from Europe and Asia

Thai lawmakers approve marriage equality bill

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(Los Angeles Blade graphic)

PORTUGAL

Lisbon Pride 2023 (Photo courtesy of Horta do Rosário for Arraial Lisboa Pride)

The Portuguese Parliament passed the final draft of a bill this past week, which was first introduced last May by the Bloco de Esquerda, the populist democratic socialist political party, that outlaws “any practice aimed at the forced conversion of sexual orientation, identity or gender expression.”

Joined in a coalition with the Livre and PAN parties, the new law incorporates into the country’s penal code that “whoever subjects another person to this type of treatment, including the performance or promotion of medical-surgical procedures, practices with pharmacological, psychotherapeutic or other psychological or behavioral resources, will be punished with a prison sentence of up to three years or a fine.”

During the parliamentary debate in the Constitutional Affairs, Rights, Freedoms and Guarantees, the College of Physicians Committee issued a statement in which it criticized this type of therapy for “not having proven its effectiveness nor respecting the ethical and deontological standards of medical practice.” The organization highlighted that “diversity in sexual orientation and gender identity represents normal expressions, which cannot be considered diseases.”

The law now heads to President Marcelo Rebelo de Sousa for his signature.

Passage of the law by Parliament brings Portugal into alignment with other European Union nations. Malta was the first European country to ban the practice followed by Germany, Greece, Albania, France and Belgium.  

SPAIN

Carla Antonelli, center with red scarf, and Spanish actor Eduardo Casanova attending the second Pride march against the stigma of HIV/AIDS in Madrid on Oct. 21, 2023. (Photo courtesy of Carla Antonelli)

The Assembly of Madrid, the unicameral autonomous legislature which governs the region around Spain’s capital city, voted this past week to rollback protections for transgender people. The measure was passed by the conservative People’s Party.

The measure also contained a proviso that guidelines preventing harassment of LGBTQ students in schools is eliminated, all content aimed at showing the LGBTQ community and the training of teachers in this matter are removed from the study plans.

The bill amended a regional trans rights law and an LGBTQ rights law, both of which were passed in 2016. The decision makes Madrid the first Spanish region to roll back such legislation. The anti-trans bill stripped the previous law of its fundamental pillar: The concept of “gender self-determination” or “freely expressed gender identification.”

The PP’s new law replaced the terms “trans people” and “gender identity” with “transsexuals” and “transsexuality,” terms which activists say are demeaning. 

The Standard, a British news outlet, reported the move by the PP party sparked outcry from the opposition in Madrid and LGBTQ activists.

Carla Antonelli, an assembly member for the left-wing Mas Madrid party who is trans, wore red gloves symbolizing bloodied hands during the raucous debate preceding the vote. She called the bill an “abomination” and compared it to the actions of Nazi SS doctor Josef Mengele, who “also spoke of science to exterminate Jews and LGTBQ people.”

“When you press that button to vote for this infamy … you will all have blood on your hands,” Antonelli said adding: “This is terrorism towards trans people. You won’t be able to wash your dirty conscience because we will remind you of it every day.” 

The Standard also noted that in December 2022, Spain passed a nationwide bill allowing trans people aged 14 and over to change their legal gender without the need for psychological or other medical evaluation, though those aged 14-16 would still need parental or guardians’ agreement.

Fourteen other Spanish regions out of the country’s 17 have laws for the protection of trans rights, LGBTQ rights, or both, on the books.

GREECE

Leftist opposition leader Stefanos Kasselakis speaks at a press conference in November. He married his longtime partner in New York City in October 2023, several weeks after winning a party leadership election. (Photo courtesy of Stefanos Kasselakis)

The spokesperson for Greece’s center-right government announced Dec. 21 that legislation legalizing same-sex marriage will be brought to the Hellenic Parliament before its current term expires in 2027.

Pavlos Marinakis noted this action would take place despite facing staunch opposition from the country’s influential Orthodox Church, which the church’s governing Holy Synod had submitted late on Dec. 20, expressing strong opposition to legalizing same-sex marriage.

The Greek City Times reported that the church’s stance drew significant attention from the Greek news media, sparking a lively debate within the country. Opinion polls indicate that Greeks are evenly divided on the issue of same-sex marriage but generally oppose granting full parental rights to gay couples.

“The position of the Church of Greece remains that children have an innate need and therefore a right to grow up with a male father and a female mother. No amount of social modernization and no amount of political correctness can bypass (this),” the church document said.

“Children are not companion pets for those who wish to feel like a guardian, and are not ‘accessories’ to formalize or make same-sex cohabitation socially acceptable,” it added.

The Associated Press noted that Greece’s left-wing opposition leader, Stefanos Kasselakis, married his male partner in New York in October, several weeks after winning a party leadership election.

Greece legalized same-sex civil partnerships in 2015.

HUNGARY

Hungarian Prime Minister Viktor Orbán, left, speaks at the 32nd annual Bálványos Summer Free University and Student Camp in Băile, Romania, on July 22, 2023. (Photo courtesy of Orbán’s Facebook page)

In a press conference on Dec. 21, Hungarian Prime Minister Viktor Orbán accused the European Commission of blackmailing his country over its anti-LGBTQ laws and other rule-of-law concerns.

“In our view, Hungary fulfils all the qualities of the rule of law, and when the European Commission has specific needs, we implement everything from them, and we are also cooperative,” Orbán told reporters. “You cannot blame me for doing everything I can to promote Hungary’s interests in such a blackmailed situation.”

Orbán has been embroiled in a long-standing dispute with the governing body of the EU, the European Commission, which has frozen billions of funds intended for Hungary over concerns about human rights and the rule of law in the country.

The government of the conservative ruling party of the prime minister has been feuding with the EU since passage of Hungary’s anti-LGBTQ education law in June 2021.

Orbán, who has publicly proclaimed that he is a “defender of traditional family Catholic values,” has been criticised by international human rights groups as discriminating against LGBTQ+ people with this law which European Commission President Ursula von der Leyen called a “disgrace.”

The European Commission, the ruling body of the EU, referred Hungary to the EU Court of Justice over the anti-LGBT law in mid-2022. The commission has said it considers that the law violates the EU’s internal market rules, the fundamental rights of individuals and EU values.

UNITED KINGDOM

Two teenagers were found guilty of Brianna Ghey’s murder at Manchester Crown Court on Dec. 20, 2023. The pair, a boy and a girl who are both 16, will be sentenced Feb. 2, 2024. (Photo courtesy of Brianna Ghey’s family)

 A Manchester Crown jury found a pair of teenagers guilty in the murder of Brianna Ghey, a 16 year old trans girl and TikTok creator who was brutally stabbed to death in a park in Culcheth, Warrington, in February 2023. 

The jury unanimously ruled the teens, known only as Girl X and Boy Y, guilty after deliberating for over four hours. The judge said she would have to impose a life sentence, with the official sentencing to take place next year. 

Ghey, who lived in Birchwood, Cheshire, and was a junior at Birchwood Community High School had been bullied for her trans identity according to comments left on social media posts by friends and fellow students.

Her friends alleged she had been bullied and gang beaten at Birchwood Community High School for several years over the “simple reason of being trans.”

The gruesome details came out during the trial in Manchester, where the jury heard testimony that the pair, a male and a female, both 16 had a “thirst for killing” and were fascinated by torture.

PinkNewsUK reported a “murder plan” was later discovered in the female’s bedroom, and investigators discovered that they had put together a “kill list” made up of five children before they settled on making Ghey their first target. The jury also heard that male had referred to Ghey as “it” rather than “she,” which he said was a “joke” between himself and his female accomplice.

The Judge, Amanda Louise Yip, noted that she would have to impose a life sentence for both defendants. She explained that she will now have to decide what the “minimum amount of time you will be required to serve before you might be considered for release” should be.

Yip, after the jury’s verdict was delivered, announced there was a public interest in lifting restrictions on reporting the teenagers’ names, which because of their ages had not been disclosed. However she said the welfare of the defendants could be put at risk if supports were not put in place, BBC News reported.

The judge acknowledged that naming Ghey’s murderers would “cause distress to their families,” and she noted that they had already faced threats and harassment due to their children’s actions.

“I believe the appropriate balance can be achieved by directing that the order may be lifted but placing a [delay] upon it until the date of sentencing,” she said.

Prime Minister Rishi Sunak and Education Secretary Gillian Keegan. (Photo courtesy of the British government)

The Tory government’s Department for Education released a set of much-feared school policies and guidance concerning transgender students on Dec. 18. LGBTQ advocacy groups responded, describing the government’s draft guidance for trans schoolchildren proposals as “chilling” and “actively dangerous.”

PinkNewsUK reported the long-delayed guidance on how to support trans and non-binary pupils at school lays out steps to approach a range of issues, from social transition, to changing names and pronouns, to access to single-sex spaces. 

The non-statutory guidance explicitly states that primary school-aged children “should not have different pronouns to their sex-based pronouns used about them,” and that if a child wishes to socially transition, parents should be engaged. 

The plan further outlined policies that would forcibly out trans youth to their parents, ban pronouns for all primary school trans youth, prevent trans youth from using restrooms that align with their gender identity and could even lead to forced haircuts and clothing choices.

Journalist Erin Reed noted the policies even allow schools to enforce uniform policies based on a student’s assigned sex at birth, explicitly stating that trans students should follow the “hairstyle rules” of their assigned sex at birth. This would lead to trans girls being forced, for instance, to cut their hair short. You can see the policies here:

British school policies showing schools do not have a duty to allow a child to ‘socially transition.’
British school policies allowing for forced haircuts for trans youth.

Social transition bans are, of course, seen and being promoted in other countries as well. New Zealand’s “Resist Gender Education” calls for the government to ban all social transition in schools, “even with parental consent.” In a statement to PinkNewsUK, Mermaids, a group that advocates for trans youth, added that the government’s guidance is “out-of-touch” and “absurd”. 

“It is difficult to understand how aspects of this draft guidance, including automatically excluding trans pupils from facilities, sport bans or allowing students to be misgendered are compatible with existing equalities law,” the charity said. 

“The overwhelming majority of teachers and parents believe trans pupils should be safe at school and will disregard these discriminatory guidelines, which will be non-compulsory.”

NEW ZEALAND

Laurel Hubbard, New Zealand’s trans Olympic weightlifter. (YouTube screenshot/TVNZ)

A new government policy will yank millions of dollars of public funding from New Zealand sports organizations as the government of newly elected Prime Minister Christopher Luxon sets out its agenda to “ensure publicly funded sporting bodies support fair competition that is not compromised by rules relating to gender.”

Andy Foster, a spokesperson for the populist and nationalist political New Zealand First party says it is “about fairness and safety in sport for women,” the NZ Herald reported.

Trans athlete and two-time national champion mountain biker Kate Weatherly told the Herald she fears it will lead to athletes being forced into men’s competitions or sidelined completely. Given the minimal number of trans women competing in amateur sports, Weatherly fears it could lead to their exclusion from the grassroots arena, she added.

Sport and Recreation Minister Chris Bishop was uncomfortable discussing the coalition agreement. “New Zealand First are very keen to make sure we have an inclusive environment and atmosphere for everybody — and that rules relating to gender don’t get in the way of that,” Bishop told the Herald.

“It is a tricky one, a thorny issue. There’s strong views on both sides of the debate. I’ll work through that with the relevant sporting bodies. Ultimately it’s got to go over to sporting bodies to make sure that we have fair competition.”

THAILAND

Thai MPs debate a same-sex marriage bill. (YouTube screenshot)

On Dec. 21, the Thai House of Representatives passed four draft bills regarding legalizing same-sex marriages in this Southeast Asia nation which has one of the more open cultures in that part of the world in acceptance of LGBTQ people.

Amnesty International Thailand Researcher Chanatip Tatiyakaroonwong noted in a statement:

“By potentially becoming the third place in Asia to legalize same-sex marriage, Thailand has the opportunity to set a bold example for LGBTI people’s rights in this region. These bills and the debates in Parliament over them represent a moment of hope for LGBTI people’s rights in Asia, even though there is still much to be done for their full protection.  

The final version of this draft legislation must not water down calls for the full spectrum of the right to family life, including access to adoption and inheritance for LGBTI couples, as well as the legal recognition of same-sex couples as ‘spouses’ on an equal footing with different-sex couples. 

As LGBTI activists have systematically demonstrated, efforts to broaden rights for LGBTI people don’t go nearly far enough to ensure equal rights guaranteed under international law. These bills set Thailand on a new path that could right those wrongs.

If legislation passes on first reading, Thailand’s Parliament should build on the momentum and prioritize the immediate adoption of this law, taking note of the celebratory reaction as a sign that the country is hungry for equality. Lawmakers in Parliament should continue to demonstrate to Thailand’s LGBTI community that they are listening and valuing their voices, wishes and perspectives. 

Guaranteeing full marriage equality in law not only sends a message to the rest of the region but to the rest of the world, at a time when countries all over the globe are changing outdated laws and building more inclusive societies.” 

Reuters reported that Deputy Prime Minister Somsak Thepsuthin told Parliament, referring to the government’s draft bill.

“In principle, this draft law is for the amendment of some provisions in the civic codes to open the way for lovers, regardless of their gender, to engage and get married. This will provide rights, responsibilities and family status as equal to the marriage between a man and a woman presently in all aspects,” he said.

Somsak said a government survey conducted between Oct. 31-Nov. 14 showed 96.6 percent public support for the draft bill.

Additional reporting from Esquerda News Lisbon, The Standard UK, Greek City Times, The Associated Press, Agence France-Presse, 24.HU News, PinkNewsUK, The BBC, Erin Reed, The New Zealand Herald and Reuters.

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Israel

Queer American in Israel discusses Iran war’s impact

Max Polonsky lives in Jaffa

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Max Polonsky on his balcony in Jaffa (Photo courtesy of Max Polonsky)

The Washington Blade on Wednesday spoke with Max Polonsky, a queer American who lives in Israel, about the Iran war and its impact on the country.

“It’s been tiring,” Polonsky told the Blade during a telephone interview from his home in Jaffa, an ancient port city with a large Arab population that is now part of Tel Aviv.

Polonsky grew up in Cherry Hill, N.J. He lived in D.C. for eight years before he moved to Israel in March 2022.

Israel and the U.S. on Feb. 28 launched airstrikes against Iran.

One of them killed Supreme Leader Ayatollah Ali Khamenei. Iran in response launched missiles and drones against Israel and other countries that include Kuwait, Bahrain, Qatar, the United Arab Emirates, Jordan, Saudi Arabia, Azerbaijan, and Cyprus.

An Iranian missile on March 1 killed nine people and injured 27 others in Beit Shemesh, an Israeli town that is roughly 20 miles west of Jerusalem. Shrapnel from an Iranian missile that struck a hair salon in Beit Awa, a Palestinian town in the West Bank, on Wednesday killed four women and injured more than a dozen others.

An Iranian drone that hit a command center in Kuwait on March 1 killed six U.S. soldiers: Sgt. Declan Coady, Sgt. 1st Class Nicole Amor, Capt. Cody Khork, Sgt. 1st Class Noah Tietjens, Chief Warrant Officer 3 Robert Marzan, and Maj. Jeffrey O’Brien. Another American servicemember, Sgt. Benjamin Pennington, died on March 8, a week after Iranian drones and missiles targeted the Prince Sultan Air Base in Saudi Arabia.

Iranian drones and missiles have damaged hotels, airports, oil refineries, and other civilian and energy infrastructure in the United Arab Emirates, Kuwait, Qatar, and elsewhere. Israel on Wednesday attacked Iran’s South Pars natural gas field in the Persian Gulf.

The Associated Press notes roughly 20 percent of the world’s crude oil passes through the Strait of Hormuz that connects the Persian Gulf and the Gulf of Oman. Gas prices in the U.S. and around the world continue to increase because the war has essentially closed the strategic waterway to ship traffic.

The war also left hundreds of thousands of people who were traveling in the Middle East stranded.

The Blade on March 6 spoke with Mario, who had stopped in his native Lebanon while traveling from the U.S. to India for work.

Mario was about to board a flight at Rafic Hariri International Airport in Beirut, the Lebanese capital, on Feb. 28 when the war began and authorities closed the country’s airspace. Mario is now back in the U.S.

The sky above Tel Aviv after Israel’s air defense system intercepted a missile. (Photo courtesy of Max Polonsky)

Polonsky told the Blade there were “alarms all day … sometimes multiple alarms an hour, sometimes every hour, every two hours” on Feb. 28.

Israel’s Home Front Command typically issues warnings about 10 minutes ahead of an anticipated Iranian missile attack. Sirens then sound 90 seconds before an expected strike.

People in Tel Aviv, Jerusalem, and in other cities in central Israel have 90 seconds to seek shelter if a rocket or missile is fired from Lebanon or the Gaza Strip. (Hezbollah, an Iran-backed Shia militant group in Lebanon that Israel and the U.S. have designated a terrorist organization, launched rockets at the Jewish State after Khamenei’s death. Israel, in turn, continues to carry out airstrikes against Hezbollah targets in Lebanon. Hamas militants on Oct. 7, 2023, killed upwards of 1,200 people when they launched a surprise attack against Israel from the Gaza Strip.) People who live close to Lebanon and Gaza have 15 seconds to seek shelter.

Polonsky has a safe room — known as a “mamad” — in his apartment. Polonsky also uses it as his home office and a second bedroom.

He told the Blade the alerts in recent days have become less frequent.

“We’ll get maybe a handful of alarms during the day, maybe some at night,” said Polonsky.

Israel on June 12, 2025, launched airstrikes against Iran that targeted the country’s nuclear and military facilities. The subsequent war, which lasted 12 days, prompted the cancellation of Tel Aviv’s annual Pride parade. An Iranian missile destroyed Mash Central, the city’s last gay bar.

Iran on Oct. 1, 2024, launched upwards of 200 ballistic missiles at Israel. This reporter arrived in Israel three days later to cover the first anniversary of Oct. 7 and the impact the subsequent war in the Gaza Strip had on LGBTQ Israelis and Palestinians.

‘Iranian regime was bad’

Polonsky admitted he doesn’t “know what to think” about the latest war against Iran.

“I don’t know what I think about the war,” he said. “Ultimately what happens is just not in my personal control: whatever Donald Trump, [Israeli Prime Minister Benjamin] Netanyahu, the ayatollah, whoever is running Iran are going to organize and launch attacks and reach any deals is not anything I personally have any control over, so I try to just kind of let that aspect of it go as I’m living my life.”

Israelis celebrating Purim at a house party take shelter in a safe room during an Iranian missile attack. (Photo courtesy of Max Polonsky)

Polonsky told the Blade he understands “there are very serious questions about how” the war started, and Congress’s role in it.

“Those are serious and valid, important questions,” he said. “And at the same time, the Iranian regime was bad.”

Polonsky noted Iran has supported and funded Hezbollah, Hamas, Houthi rebels in Yemen, and other groups “who were attacking Israel.” Polonsky added the Iranian government has “terribly oppressed their people.”

Iran is among the handful of countries in which consensual same-sex sexual relations remain punishable by death.

Reports indicate Iranian authorities killed upwards of 30,000 people during anti-government protests that began late last year. Sources with whom the Blade spoke said LGBTQ Iranians are among those who participated in the demonstrations.

“I’m not sad to see them pressured,” said Polonsky, referring to the Iranian regime.

He also described Khamenei as “a bad guy.”

“Him not being there is better,” said Polonsky.

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State Department

Report: US to withhold HIV aid to Zambia unless mineral access expanded

New York Times obtained Secretary of State Marco Rubio memo

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(Image by rusak/Bigstock)

The State Department is reportedly considering withholding assistance for Zambians with HIV unless the country’s government allows the U.S. to access more of its minerals.

The New York Times on Monday reported Secretary of State Marco Rubio in a memo to State Department’s Bureau of African Affairs staffers wrote the U.S. “will only secure our priorities by demonstrating willingness to publicly take support away from Zambia on a massive scale.” The newspaper said it obtained a copy of the letter.

Zambia is a country in southern Africa that borders Tanzania, Malawi, Mozambique, Zimbabwe, Botswana, Namibia, Angola, and the Democratic Republic of Congo.

The Times notes upwards of 1.3 million Zambians receive daily HIV medications through PEPFAR. The newspaper reported Rubio in his memo said the Trump-Vance administration could “significantly cut assistance” as soon as May.

“Reports of (the) State Department withholding lifesaving HIV treatment in return for mining concessions in Zambia does not make us safer, stronger, or more prosperous,” said U.S. Sen. Jeanne Shaheen (D-N.H.), the ranking member of the Senate Foreign Relations Committee, on Tuesday. “Monetizing innocent people’s lives further undermines U.S. global leadership and is just plain wrong.”

The Washington Blade has reached out to the State Department for comment.

Zambia received breakthrough HIV prevention drug through PEPFAR

Rubio on Jan. 28, 2025, issued a waiver that allowed PEPFAR and other “life-saving humanitarian assistance” programs to continue to operate during a freeze on nearly all U.S. foreign aid spending. HIV/AIDS service providers around the world with whom the Blade has spoken say PEPFAR cuts and the loss of funding from the U.S. Agency for International Development, which officially closed on July 1, 2025, has severely impacted their work.

The State Department last September announced PEPFAR will distribute lenacapavir in countries with high prevalence rates. Zambia two months later received the first doses of the breakthrough HIV prevention drug.

Kenya and Uganda are among the African countries have signed health agreements with the U.S. since the Trump-Vance administration took office.

The Times notes the countries that signed these agreements pledged to increase health spending. The Blade last month reported LGBTQ rights groups have questioned whether these agreements will lead to further exclusion and government-sanctioned discrimination based on sexual orientation and gender identity.

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Botswana

The rule of law, not the rule of religion

Bonolo Selelo and Tsholofelo Kumile are challenging the Botswana Marriage Act

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(Bigstock photo)

Botswana was in a whole frenzy as religious and traditional fundamentalists kept mixing religion and constitutional law as if it were harmless. It is not. One is a private matter of belief between you and God, while the other is the framework that protects and governs us all. When these two systems get fused, the result is rarely justice. It results in discrimination. 

The ongoing case brought by Bonolo Selelo and Tsholofelo Kumile challenging provisions of the Botswana Marriage Act has reignited a familiar debate in Botswana. Some commentators insist that marriage equality violates religious values and therefore should not be recognized by law. It is a predictable argument. It is also fundamentally incompatible with constitutional governance.

Botswana is not a Christian state. It is a constitutional democracy governed by the Constitution of Botswana. That distinction matters. In a constitutional democracy, laws are interpreted in accordance with constitutional principles such as equality, dignity, protection, inclusion and the rule of law, rather than the doctrinal beliefs of any particular religion.

Religion has no place in constitutional law and democracy

The central problem with religious arguments in constitutional disputes is simple in that they divide, they other, they contest equality and they are personal. Constitutional law by contrast, must apply equally to everyone.

Botswana’s Constitution guarantees fundamental rights and freedoms under Sections 3 and 15, including protection from discrimination and the right to equal protection of the law. These provisions are not conditional on religious approval. They exist precisely to protect minorities from the preferences or prejudices of the majority.

Legal experts, such as Anneke Meerkotter, in her policy brief in Defense of Constitutional Morality, point out that constitutional rights function as a safeguard against majoritarian morality. If rights depended on whether the majority approved of a minority’s identity or relationships, they would not be rights at all. They would merely be privileges.

This principle has already been affirmed in Botswana’s jurisprudence. In the landmark decision of Letsweletse Motshidiemang v Attorney General, the High Court held that criminalizing consensual same-sex relations violated constitutional protections of liberty, dignity, privacy, and equality. This judgment noted that constitutional interpretation must evolve with society and must be guided by human dignity and equality. The court emphasized that the Constitution protects all citizens, including those whose identities, expressions or relationships may be unpopular. That ruling was later upheld by the Court of Appeal of Botswana in 2021, reinforcing the principle that constitutional rights cannot be restricted on grounds of moral disapproval alone. These decisions were not theological pronouncements. They were legal determinations grounded in constitutional principles.

The danger of religious majoritarianism

When religion is used to justify legal restrictions, the result is what constitutional scholars call “majoritarian moralism.” It allows the dominant religious interpretation in society to dictate the rights of everyone else. That approach is fundamentally incompatible with constitutional democracy. Botswana is religiously diverse. While Christianity is the majority faith, there are also Muslims, Hindus, traditional spiritual communities, Sikh and people who practice no religion at all. If the law were to follow the doctrines of one religious group, which interpretation would it adopt? Christianity alone contains dozens of denominations with different views on love, equality, marriage, sexuality, and gender. The moment the state begins to legislate on the basis of religious doctrine, it implicitly privileges one belief system over others. That undermines both religious freedom and constitutional equality. Ironically, keeping religion separate from constitutional law is what protects religious freedom in the first place.

Judicial independence is the cornerstone of Botswana’s governance system

The current case involving Bonolo Selelo and Tsholofelo Kumile is before the judiciary, where it belongs. Courts exist to interpret the Constitution and determine whether legislation complies with constitutional rights. Political and religious lobbying, as well as public outrage, must not influence that process.

Judicial independence is the cornerstone of Botswana’s governance system. According to the International Commission of Jurists, judicial independence ensures that courts can make decisions based on law and evidence rather than political or social pressure.

When governments, political, religious, or traditional actors attempt to interfere in constitutional litigation, they weaken the rule of law. Botswana has historically prided itself on having one of the most stable constitutional systems in Africa. The judiciary has played a critical role in safeguarding rights and maintaining legal certainty. The decriminalization case demonstrated this. Despite strong public debate and political sensitivity, the courts assessed the law according to constitutional principles rather than moral panic. The same standard must apply in the current marriage equality case.

This article was first published in the Botswana Gazette, Midweek Sun, and Botswana Guardian newspapers and has been edited for the Washington Blade. 

Bradley Fortuin is a consultant at the Southern Africa Litigation Center and a social justice activist.

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