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Why queer spaces often fail South Asian women

Homosexuality stigmatization often compounds discrimination in conservative cultures

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(Photo by Frank Flores)

Uncloseted Media published this article on Dec. 16.

By NANDIKA CHATTERJEE | “I want to change your last name to make it sound whiter,” Sonali “Alyy” Patel remembers her white girlfriend saying to her while they were spending a quiet evening at home.

Patel felt a wave of grief wash over her. “I [have] to give up my South Asian-ness in order to be in a queer relationship,” she remembers thinking.

Patel and her girlfriend had been dating for some time and were sketching out a future together, even starting sentences with, “When we get married.” But as they built a foundation, she continued to feel marginalized because of her Indo-African heritage.

“I remember I was in [my girlfriend’s] household, and her father made a comment that was racist to brown people,” Patel told Uncloseted Media. When her girlfriend called him out, Patel remembers him responding by saying, “You were racist before you started dating a brown girl.”

Patel, a 29-year-old researcher and LGBTQ activist living in Vancouver, Canada, says comments from girlfriends and society kept popping up. So she began investigating them academically and went on to create the Queer South Asian Women’s Network.

In a 2019 study she published in the Journal of Lesbian Studies, Patel conducted in-depth narrative interviews with nine queer South Asian women in Toronto. She found that these women routinely experienced microaggressions, erasure and pressure to conform to white, Western queer norms, with one participant being told her queerness wasn’t that important during a conversation with her partner. Another said she was advised by friends and family to stick to other people of color when it came to dating.

This discrimination is often compounded in many conservative South Asian cultures where homosexuality is still stigmatized and viewed as a violation of religious or family values. In addition, women are expected to uphold family honor through modesty, heterosexual marriage and self-sacrifice.

A 2019 Pew Research Center survey found that only 37 percent of Indians believe homosexuality should be accepted by society, compared to majorities in most Western nations.

In Patel’s experiences in queer circles, she believes that what often felt like a visceral sense of South Asian identity loss was actually enforced assimilation. “I had no language or framework to understand that this was racism. I grew up in a white town. … People were very openly racist and okay with it,” she says. She adds that in addition to facing racism in LGBTQ spaces, South Asian women face rejection for being queer at home.

“Our families are like, ‘Haha no, you’re not gay,’” she says.

Coming out

Patel says coming out poses unique challenges for South Asian women compared to women of other ethnicities.

In a 2025 study in the Canadian Review of Sociology, Patel interviewed 40 queer South Asian women in Canada and found that staying closeted can protect them from judgment from family and community.

This leaves these women vulnerable to contrasting pressures where their LGBTQ circles want them to come out.

“There was a participant who [was told by another] queer woman who was white that she just needs to ‘try harder to come out to [her] family,’” says Patel. “But that’s not how it works. [She] did try coming out to them, [but] they didn’t listen.” When she did come out, she was told by her family, “You’re not really gay.”

“Our culture prizes silence, sacrifice and family reputation over individual truth, so falling in love with a woman isn’t just about your personal life,” Suja Vairavanathan, a life coach in Essex, England, who works with South Asian women, told Uncloseted Media. “It feels like you’re challenging an entire system.”

Vairavanathan, who grew up in a traditional Indian family, came out later in life.

“For me, it wasn’t a typical ‘I always knew’ story. I didn’t grow up identifying as gay or even questioning my sexuality,” she says. “I spent 20 years in a marriage, raising kids, living what looked like the ‘right’ Tamil woman’s life. Then I fell in love with my best friend, who happened to be a woman.”

After Vairavanathan left her marriage, she came out in a TikTok video where she is smiling ear-to-ear with on-screen text reading: “You’d have to be a little delulu to think that a 42-year-old Tamil divorcee, mum of two sons, eldest daughter, recently turned gay woman had the audacity to show up on social media and live life unapologetically.” Her caption added: “Yet here I am.”

While there were many positive comments on the video, Vairavanathan says the backlash from many folks in the South Asian community was intense: “I had comments calling me ‘a disgrace,’ saying I’d ‘ruined my family’s name,’ even messages telling me I was ‘corrupting Tamil culture’ or that I must have been ‘brainwashed by the West.’ People reduced my whole life to a scandal just because I chose to live honestly.”

Internalized shame

This community rejection can be painful. “It wasn’t strangers attacking me. It was my own people, speaking the same language I grew up with, who decided I didn’t deserve respect anymore. And that hurts in a way racism from outsiders never could, because it feels like rejection from your own bloodline,” says Vairavanathan.

Mental health professionals who work with South Asian clients say that collectivist traditions, where family reputation is often prioritized over individual expression, can lead to the stigmatization of LGBTQ identities.

On the AAHNA South Asian therapy website, they write that understanding taboos associated with sexual orientation “is crucial for effective therapeutic practice, as they can significantly influence mental health and well-being.”

Balancing dual identities

Jiya Rajput, a British Indian content creator and founder of the QPOC Project, says the balancing act of her sexual and racial identity can be tough: “Being both South Asian and queer sometimes feels like having two vastly different identities,” Rajput told Uncloseted Media. “I have tried my best to blend my queerness with my desi identity. However, it is not often easy, with stereotypes and prejudice sometimes making me feel out of place.”

This balancing act may involve navigating stereotypes and racism inside queer spaces, which can have negative mental health outcomes. A 2022 survey of LGBTQ Asian Americans found that discomfort with one’s race or ethnicity within queer communities was associated with lower psychological well-being for those who consider their racial identity important.

Dating as a queer South Asian woman

Balancing this dynamic can make dating challenging. A 2023 study revealed that queer Asian American women are frequently subject to rigid racial dating preferences, with most preferring to date within their own racial group, often as a reaction to feeling fetishized or rejected from white queer spaces.

And even dating within communities of color presents its own set of challenges. “Racism is not exclusively a white people’s issue,” Patel says, noting that she experienced subtle discrimination with another girlfriend who was Punjabi.

“[She] was genuinely trying to relate with me, she just couldn’t,” she says.

Patel remembers her girlfriend holding many assumptions, such as the belief that all South Asians share the same cultural traditions, such as Bhangra, a lively Punjabi dance, or Garba, a traditional Gujarati folk dance performed during festivals.

“It comes from a place of just wanting to be seen for their own culture,” Patel says, noting that many people of color aren’t accustomed to being truly heard or understood. “There’s so much excitement in dating someone from a different background that sometimes you forget to actually listen and receive the culture through their lens.”

When South Asian women do decide to date white women, Patel says it can feel like one “should just assimilate … and try to keep the pressures of being brown [and] growing up in a stricter, possibly patriarchal, culture at bay.”

These pressures in queer spaces caused Lavina Sabnani to leave her culture behind in an effort to feel accepted.

“It felt wrong to push away everything my ancestors carried with them for so long,” Sabnani told Uncloseted Media. “There’s a standard of whiteness at Pride, at lesbian parties, at cultural and social clubs. … Me and the other brown girls never get noticed. It was like you’re invisible within a community where you’re supposed to be counted in.”

“Being a lesbian South Asian means breaking the mold in every possible way,” says Hubiba Ali, a first-generation Pakistani American, self-described “butch lesbian” and food scientist from Chicago. “Pakistani women I was raised around don’t wear boyish clothes, have short, cropped hair, thick muscles, and hairy legs. They do not eat with gusto, laugh and joke boisterously, or take up space. I gave up a lot of my birthright participation in my culture in order to live free.”

Underrepresented and under researched

To make change, Sabnani says South Asian representation in queer spaces is essential. But it’s not happening yet. According to GLAAD’s “Where We Are on TV” 2024-2025 study, Asian Pacific Islanders represented only 11 percent of LGBTQ characters on broadcast, 2 percent on cable and 14 percent on streaming.

Even shows that strive for diversity, like “The L Word: Generation Q,” fail to include South Asian characters. “They had everyone — Black, Latinx, East Asian — but not a single South Asian woman,” says Patel.

She recalls a dating app called Her that featured an image of two white women kissing — one of whom had a tattoo of a Hindu deity.

“They’ll use our gods, but not our faces,” she says.

Outside of Patel’s research, little information exists about racism and homophobia toward queer South Asian women.

And even in queer nightlife, Ali describes feeling sidelined. She says that while there are a few South Asian LGBTQ organizations in Chicago, finding meaningful representation is hard even in those scenes.

“They tend to be hosted in a part of town colloquially known as ‘Boystown,’ which semantically already does not center women or lesbians,” she says. “The events are usually held at gay bars for gay men.”

Finding acceptance

Patel says that to make spaces truly inclusive, folks need to “start by listening to queer brown women, understanding our unique challenges, and amplifying our voices.”

And despite all of these challenges, many queer South Asian women are still surviving and building a more inclusive future.

Artists like MANI JNX, a British Punjabi indie musician, are using music to explore queer South Asian love, trauma and joy. And visual creators like Mina Manzar are building online communities through art. “Funnily enough, here in NYC, so far from Pakistan, is where I’ve found the most vibrant and beautiful South Asian queer community,” Manzar told Uncloseted Media.

As for Patel, she has found a relationship with a Tamil woman that is grounded in mutual respect and cultural exchange. “I’ve learned how to make Tamil food, I’m learning the language, and she comes to Garba with me and dances every year,” she says. Their shared commitment to honoring each other’s traditions illustrates the importance of genuine cultural understanding in queer relationships that goes beyond surface-level acceptance or stereotypes.

Her hope is that the commitment to understanding that she has developed with her partner can become more reflective of how society tries to understand the experiences of queer South Asian women.

“Let’s just address each racialized group as a different racialized group and give them some damn visibility,” Patel says. “It’s not that hard.”

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The White House

Kristi Noem ‘devastated’ as husband’s alleged fetish spending surfaces

Former DHS head ‘blindsided’ by allegations

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Former DHS Secretary Kristi Noem (Washington Blade photo by Michael Key)

Former Department of Homeland Security Secretary Kristi Noem said she is “devastated” after reports alleged her husband paid large sums to fetish models and shared cross-dressing photos while married to her.

The Daily Mail first reported the story on March 31, accusing 56-year-old Bryon Noem — the former second gentleman of South Dakota and husband to the former DHS secretary — of exchanging hundreds of messages with three women in the “bimbofication” fetish scene. According to the report, he praised their surgically enhanced bodies and was asked to send them money though various online accounts during the 14 months his wife led the nation’s largest federal law enforcement agency.

He sent them at least $25,000 via Cash App and PayPal, according to the story, that also included photos reportedly show him wearing pink shorts and a flesh-colored top with balloons simulating breasts.

When the payments were delayed or failed to be sent, the women would get mad and ignore him, the story reads. At least one woman who didn’t receive money after texting Noem was so disgruntled she posted about his behavior on social media before later deleting it.

The allegations quickly went viral across social media and major news outlets. Representatives for Kristi Noem told the New York Post she was “devastated” and that her family was “blindsided” by the claims, while requesting privacy and prayers.

President Donald Trump, when asked by the Daily Mail, expressed surprise that the Noem family had confirmed the photos’ authenticity. 

“They confirmed it? Wow, well, I feel badly for the family if that’s the case, that’s too bad,” Trump told the outlet that broke the story. “I haven’t seen anything. I don’t know anything about it. That’s too bad, but I just know nothing about it.”

Kristi and Bryon Noem met in high school and married in 1992, according to the Daily Mail. They have two daughters, Kassidy, 31, and Kennedy, 29, and a son, Booker, 23.

The controversy comes after Noem’s recent removal from one of the highest-ranking positions in Trump’s Cabinet. Markwayne Mullin was sworn in as Homeland Security Secretary last week, though Noem remains part of the president’s team as special envoy to the Shield of the Americas, a U.S.-led regional security organization focused on coordinating efforts to combat organized crime, drug trafficking, and illegal migration throughout the Western Hemisphere.

Noem’s political career spans more than a decade across state and federal government jobs. She served in the South Dakota House of Representatives from 2007 to 2011, in the U.S. House of Representatives from 2011 to 2019, and as Governor of South Dakota from 2019 to 2025. 

She was confirmed as Secretary of Homeland Security during Trump’s second term, serving from 2025 until her removal following widespread backlash over escalating U.S. Immigration and Customs Enforcement operations, which included separating children from their families and two separate fatal shootings of U.S. citizens by ICE officers during protests. Trump reportedly decided to fire Noem from DHS after her congressional hearing related to the deaths, in which she stated that the president had approved a $200 million-plus government-funded DHS advertising campaign that prominently featured her.

The reports about her husband have also reignited speculation about Noem’s personal life, including rumors involving Trump supporting political operative Corey Lewandowski, described by some as the “worst-kept secret in D.C.” 

Some accounts suggest Bryon Noem was aware of the alleged relationship — and benefited from it. Political commentator Ryan James Girdusky fueled that speculation during an August 2025 episode of the It’s a Numbers Game podcast, citing what he described as “D.C. gossip” that a top Cabinet official — rumored to be Noem — had privately claimed her husband was gay.

“A reporter walked up to her and said, ‘Why are you having this affair? Why haven’t you met up with your husband? Why aren’t you divorcing your husband?’” Girdusky said on the podcast. “And she blurted out to this reporter, who I know, and said, ‘Oh, my husband’s gay.’”

Unlike the unverified claims surrounding her husband, Noem’s political record on LGBTQ issues is well documented. 

In 2024, while serving as governor, her administration canceled a contract with a community health worker organization, resulting in a $300,000 settlement with a transgender advocacy group. The contract had included a roughly $136,000 state-administered federal grant, of which about $39,000 had already been distributed, according to the group’s attorneys.

Noem also championed a series of policies restricting trans rights. She signed executive orders in 2021 barring transgender girls and women from competing on women’s sports teams at public schools and colleges in the state. In addition to using executive authority to enact these policies, she signed legislation into law. She enacted House Bill 1080, which bans age-appropriate, medically necessary health care for trans youth — despite widespread support for such care from major medical associations and global health authorities. 

Noem also supported legislation aimed at restricting trans athletes, though she ultimately vetoed one bill, citing potential legal challenges from the NCAA while maintaining support for its intent. Additionally, she signed a Religious Freedom Restoration Act that LGBTQ advocates say enables discrimination under the guise of protecting religious liberty.

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U.S. Supreme Court

Colo. activists condemn SCOTUS conversion therapy ruling

8-1 decision could have sweeping implications

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Activists protest in front of the U.S. Supreme Court on Oct. 7, 2025. The justices on that day heard oral arguments in Chiles v. Salazar. (Washington Blade photo by Michael Key)

The Supreme Court ruled in Chiles v. Salazar that a Colorado law banning conversion therapy is unconstitutional, striking down the state’s 2019 statute and potentially impacting similar laws across the country. Religious advocates have hailed Tuesday’s decision as a victory for the First Amendment and evangelical Christians, while LGBTQ activists warn it could lead to increased harm for LGBTQ youth.

The conservative majority, joined by two progressive members of the court, sided 8–1 with Kaley Chiles on March 31 in what some critics are calling a landmark ruling for religious zealots, placing the teachings of the Bible above established medical consensus. Chiles, a Christian therapist who practices what she describes as “faith-based talk therapy for children,” challenged Colorado’s House Bill 19-1129, a law prohibiting licensed professionals from engaging minors in efforts to change their sexual orientation or gender identity through conversion therapy. She successfully argued that she and her clients have a constitutional religious right to choose the type of therapy they seek, effectively nullifying the Colorado law banning conversion therapy.

When the court heard oral arguments in October 2025, early questions indicated that the justices were likely to rule against the state in a matter involving LGBTQ rights, making this the fourth major LGBTQ rights case to come from Colorado since 1996.

In 1996, the Supreme Court overruled state initiative Amendment 2 in Romer v. Evans, which tried, but ultimately failed to restrict rules on gay people’s protected status in Colorado. Then in 2018, SCOTUS presided over Masterpiece Cakeshop v. Colorado Civil Rights Commission, when a Lakewood baker refused to make a cake for a gay client, which the state argued violated it’s civil rights commission order, but the court sided with the baker, ruling the commission had violated his Christian beliefs. In 2023 the court ruled in 303 Creative LLC v. Elenis  that a Denver-based web designer is legally allowed to refuse to make wedding websites for same-sex couples, and successfully arguing she was constitutionally protected under the First Amendment.

Chiles, who practices in Colorado Springs, combines traditional psychological approaches — including cognitive, behavioral, psychodynamic, and humanistic therapies — with Christian beliefs. She argued that the law violated her First Amendment rights by restricting her ability to practice therapy aligned with her religious values, as well as limiting the rights of clients seeking that form of care.

Conversion therapy, widely discredited by major medical and psychological associations, is defined as practices that attempt to change a person’s sexual orientation or gender identity. Under Colorado law, providers found in violation could face fines up to $5,000, suspension, or loss of licensure.

Lower courts — including a district court and the 10th Circuit — previously upheld the law, finding it regulated professional conduct rather than speech and therefore required only minimal constitutional scrutiny. However, the Supreme Court, with three Trump-appointed justices, determined that the lower courts failed to apply “sufficiently rigorous First Amendment scrutiny,” raising concerns about violations of both the Establishment Clause and the Free Exercise Clause. The ruling sends the case back to a lower court for further review.

The decision reflects a broader trend in recent years, with the current court — often referred to as the Roberts Court — more frequently siding with religious liberty claims, particularly those involving Christian plaintiffs.

To better understand the implications of the ruling, the Washington Blade spoke with Colorado-based LGBTQ advocacy organization Rocky Mountain Equality, which has spent decades organizing, educating, and providing services across the state.

Founded in 1994 as Boulder Pride, the organization has since expanded into a statewide force addressing LGBTQ issues, including healthcare, housing, and youth services. Now operating as Rocky Mountain Equality, the group saw a 62 percent increase in 2024 operating revenue, growing to more than $3.765 million while running the Equality Center of the Rocky Mountains in Boulder.

Mardi Moore, the chief executive officer of Rocky Mountain Equality, sat down with the Blade to discuss the ruling and its impact on the broader LGBTQ community, calling it both expected and deeply concerning.

“When the ruling came out today, I think we all knew it wasn’t going to be a winning battle after hearing arguments, but the 8-1 decision made me sad, and honestly, it’s turning into anger,” Moore told the Blade on Tuesday morning. “This is a really sad day — not just for LGBTQ kids, but for all kids in Colorado.”

Moore explained that the law passed with support from Colorado lawmakers and felt like progress toward making the state safer for LGBTQ residents.

While oral arguments were being heard in October, the Blade spoke to a group of conversion therapy survivors who came to the nation’s capital to protest the ban’s removal and support one another. Their stories detailed the emotional and physical toll of conversion therapy.

“We all know the horror stories, and we know conversion therapy is pseudoscience,” she continued. “About a decade ago, Colorado passed a bill — under the leadership of then-Rep. Daniel Ramos — that banned conversion therapy with religious exceptions, which was a huge step forward.”

That step forward now feels like a step back, Moore suggested. While the ruling currently applies to Colorado, she warned it could embolden similar legal challenges nationwide.

“In our initial reading, this ruling only impacts Colorado and isn’t a broader issue for other states. But that doesn’t mean people who oppose LGBTQ rights won’t start fighting state by state,” Moore said. She pointed to the state’s history, including the fight against Amendment 2. “Here in Colorado, we’re used to these battles — we fought Amendment 2, and we’re still fighting now. There are two ballot measures this November: one targeting gender-affirming care for minors, and another banning trans youth from sports at all levels.”

These ballot measures, Moore explained, represent another attempt to restrict trans youth. One would limit gender-affirming surgeries for minors — procedures that research shows are extremely rare — while another would restrict sports participation based on sex assigned at birth.

“These efforts are trying to wipe trans kids off the map. This ruling is sickening — the religious right is still very active, and people who think voting doesn’t matter need to understand that presidents shape Supreme Courts.”

Moore emphasized that while national advocacy is critical, the fight increasingly comes down to local organizing and direct support.

“Here at Rocky Mountain Equality, we advocate for the community, train providers, and support people who have gone through conversion therapy. We have a strong youth program and will continue supporting young people in every way we can.”

“Colorado may seem progressive, but it’s still a purple state,” she added. “Messaging that works in Denver doesn’t always reach families who might send their kids to conversion therapy.”

The timing of the ruling — released on Trans Day of Visibility — also drew criticism.

“Releasing this decision on Trans Day of Visibility feels calculated. It takes a day meant for joy and turns it into another setback,” Moore said.

When asked about next steps, Moore pointed to state-apponited officials who support LGBTQ rights are likely reviewing options.

“I don’t have specifics yet on organized legal responses, but our attorney general, Phil Weiser, argued this case,” she said. “I imagine his office is reviewing every possible option right now.”

Despite the opinion dropping so recently, the emotional toll is already being felt.

“I texted a colleague this morning who went through conversion therapy — it was a sad emoji kind of day,” she said, also referencing a similiar feeling to the one she has now the case of Alana Chen, a University of Colorado Boulder student who died by suicide after experiencing conversion therapy.

“Her story devastated so many, including her mother,” she shared, adding that despite her death “is still advocating for young people” in the battle over conversion therapy — one that feels like it is getting worse with each ruling, with no end in sight.

“I think the real battle started this morning at kitchen tables. There are parents telling their kids, ‘I told you being queer was wrong — the Supreme Court says so,’” Moore said. “Those are the conversations we don’t hear, but they’re happening.”

Rocky Mountain Equality says it will continue focusing on direct support, specifically in rural communities which will face a particularly difficult time as LGBTQ rights become restricted.

“When people reach out to us from rural communities, we help connect them with affirming providers — locally if possible, or in places like Boulder County. We also help with financial support so they can access care. This work is about meeting people where they are,” she explained. “We’re working with organizations across the state, including in more conservative areas like Mesa County. The environments are very different, but we collaborate to share resources and support each other. Leading an organization right now is incredibly tough work.”

The organization is also mobilizing politically ahead of the ballot measures, using the anger from this case as fuel for the long hual to getting LGBTQ rights protected.

“Just last night, we had over 100 people at a kickoff event in Boulder for our campaign to defeat these ballot measures. People signed up to volunteer, donate, and write letters. We’re going to fight to make sure Colorado doesn’t become a ‘hate state’ again,” she said. 

Moore also explained that as Colorado has become a leading destination for affirming healthcare and LGBTQ rights, people from more conservative neighboring states are seeking care there. She added that if the Centennial State can provide access to specialized care that has been politicized elsewhere, it should work to protect those services.

“People are coming to Colorado from surrounding states for gender-affirming care, abortion access, and support. We’re not going to let a small group of hateful voices take that away.”

She called on allies to take action, regardless of how small or meaningless it might seem at first.

“People can help by having conversations in their own communities about the value of every person. They can connect others with resources and support systems,” she said. “And for Colorado specifically, they can donate, share our work, and stand in solidarity.”

Moore drew parallels from past crises the LGBTQ community has had faced, yet many of the LGBTQ people she faught with in the seemingly impossible times of the past are still here and still fighting, emphasizing the community’s resilience..

“I was telling my staff — I’m an old dyke, and I remember the fight during the AIDS crisis. We were trying to make sure people were fed, cared for, and treated, all while our rights were under attack. We lost many lives, but we made it through — and we will again,” she recalled.

“They think if they attack us from every direction, they can erase us, but they’ve only made us stronger. We will continue supporting LGBTQ youth and all children who deserve protection from unregulated, harmful practices like conversion therapy.”

Other LGBTQ advocates also spoke out about the ruling’s impact.

Carl Charles, a member of the Elayne Cassidy Nicholas Memorial Counsel for Trans and Nonbinary Rights at Lambda Legal, issued a statement following the court’s ruling, while touching on and his personal experience with conversion therapy.

“I know firsthand the long-lasting harms of conversion therapy, having been subjected to it when I was 15 years old. This practice did not change my sexual orientation or gender identity. Instead, it destroyed important relationships and created shame and fear that took time and effort to undo. For many survivors, it is a reverberating life-long harm,” he said as he shared his story to the world via a friend-of-the-court brief with the Conversion Therapy Survivor Network, detailing the harms of conversion therapy they experienced.

“I am fortunate to have been able to transcend the trauma of that experience, to celebrate my identity as a transgender man, and to nurture a loving relationship with my husband. But so many young people do not have the familial or community support to withstand the impact of this unethical practice. LGBTQ+ youth do not need to be changed. Rather, like all youth, they need to be supported and celebrated for the unique and important people they are becoming.”

Human Rights Campaign President Kelley Robinson issued a statement following announcement of the court’s verdict, condemning the homophobic ruling as thinly veiled intolerance as masquerading a religious right fight. Before the case was heard, the HRC submitted amicus brief detailing how the legislation in question was not religous in nature, but is regulatory speech restriction that helping LGBTQ Americans.

“The court has weaponized free-speech in order to prioritize anti-LGBTQ+ bias over the safety, health and wellbeing of children,” her statement reads. “So-called ‘conversion therapy’ is pseudoscience, not real therapy. It has been condemned by every mainstream medical and mental health association and harms families, traumatizes children, and robs people of their faith communities. It is cruel and should never be offered under the guise of legitimate mental healthcare. To undermine protections that keep kids and families safe from these abusive practices is shocking — and our children deserve better.”

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Commentary

Is Ghana’s selective justice a human rights contradiction?

Country’s commitment to human rights appears inconsistent

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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.

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