Africa
South Africa Islamic group issues edict that condemns homosexuality
A group of queer Muslims criticized fatwa in open letter
A group of queer Muslims in South Africa have rejected the South African Muslim Judicial Council’s new edict that condemns homosexuality as sinful and unIslamic.
The fatwa the the South African Muslim Judicial Council issued earlier this month says any Muslims who are in same-sex relationships or engage in same-sex sexual relations will have taken themselves out of the Islamic faith. The South African Muslim Judicial Council has also called for excommunication or “takfir,” with the punishment being death for any Muslim found to be a member of the LGBTQ community.
“As queer Muslim South Africans and allies we resist the fatwa unequivocally. The MJC is a self-appointed, unelected and entirely male body, save for the head of their Women’s Forum, that does not represent the Muslim community on any democratic basis,” reads a letter that 20 queer South African Muslims signed. “We remind the MJC that Section 9 of the Constitution forbids discrimination on the basis of sex, gender or sexual orientation, and applies to government and private parties. Section 15 provides for the recognition of religious legal systems and marriages that are not inconsistent with the Constitution. The rights of 2SLGBTQIA+ people under the South African constitution cannot be trumped by cultural or religious authority, especially the right to life.”
“The MJC’s fatwa amounts to hate in a context where the lives of 2SLGBTQIA+ people are already in danger. The fatwa is based on ignorance and reinforces oppression and injustice rather than supporting just, fair and equal rulings,” adds the letter. “Moreso, the MJC and associated bodies, such as the Jamiatul Ulama South Africa, have published other articles and statements which incite hate against 2SLGBTQIA+ persons. “
The letter further notes that “2SLGBTQIA+ persons in South Africa are clearly protected by the Constitution and other laws. It is possible to be 2SLGBTQIA+ and Muslim.”
As 2SLGBTQIA+ Muslims we live this combination daily. Our Islam is based on solidarity, critical love, care and kindness. For us, faith is about pursuing justice, fairness and equality. A discriminatory statement by the MJC does not and cannot invalidate our existence, or our right to life,” reads the letter. “All people deserve to enjoy a life free from oppression and discrimination. Together we can dismantle oppressive institutions and build safe, affirming and kind spaces for 2SLGBTQIA+ Muslims and all persons.”
The United Ulama Council of South Africa has since defended the MJC, citing that any demands for change in Quranic precepts go against the constitutionally-protected freedoms of beliefs and conscience.
“The Noble Quran recounts the story of the city of Sodom several times, condemning its inhabitants’ immorality and specifically criticizing its men for going to men out of desire instead of women. The Islamic position on same-sex relationships is clear and unambiguous as articulated by the MJC edict. The Islamic perspective is also consistent with Judaic and Biblical perspectives as stipulated in the relevant sacred scriptures,” said United Ulama Council of South Africa Secretary General MI Yusuf Patel.
“Moreover, the 2SLGBTQIA+ Muslims (queer Muslim South Africans) mischievously attempt to equate opposition to same-sex relationships with hate speech by stating that the MJC’s fatwa amounts to hate in a context where the lives of 2SLGBTQIA+ people are already in danger,” he added. “It surreptitiously attempts to augment its hate narrative by introducing its own presumption that if members of the 2SLGBTQIA+ are excommunicated from the Muslim community, the punishment for being excommunicated is death. This scare tactic is designed to equate repudiation of same sex relationships with hate incitement to cause harm. The clamorous and increasingly aggressive 2SLGBTQIA+ public discourse attempts to mute any voice of dissent and has become increasingly intolerant of those that are critical of same-sex relationships, as evidenced by both the responses to the MJC edict (fatwa).”
The MJC urged the Muslim community to display good conduct when dealing with non-Muslims belonging to the LGBTQ community, citing Islam teaches to hate the sin, not the sinner.
Daniel Itai is the Washington Blade’s Africa Correspondent.
Ghana
Ghanaian lawmakers approve anti-LGBTQ bill
Measure that would criminalize allyship awaits president’s signature
Ghanaian lawmakers on Friday approved a bill that would, among other things, criminalize LGBTQ allyship.
Reuters reported MPs approved the Human Sexual Rights and Family Values Bill, 2025, in a voice vote after parliament’s Constitutional and Legal Affairs Committee backed it.
MPs in 2024 approved a similar bill, but it faced legal challenges and then-President Nana Akufo-Addo didn’t sign it. Lawmakers last year reintroduced the measure after President John Dramani Mahama took office.
The bill awaits his signature.
Rightify Ghana, a Ghanaian LGBTQ advocacy group, in a series of social media posts notes MPs passed the bill days before the 4th African Inter-Parliamentary Conference on Family Values and Sovereignty will take place in Accra, the country’s capital.
Kenya
Kenyan High Court issues landmark transgender rights ruling
Government ordered to allow trans people to amend ID documents
Kenya’s High Court has ruled the country’s government cannot refuse requests to amend gender markers on birth certificates and other ID documents.
Audrey Mbugua, a prominent transgender activist, and two other people in 2020 sued Attorney General Dorcas Oduor, the Registrar of Births and Deaths, the National Registration Bureau, and Immigration Services Director General Evelyn Cheluget after they did not receive amended birth certificates.
The Washington Blade previously reported the three plaintiffs argued documents that do not correspond with their gender identity “has denied them opportunities and rights.” Oduor, for her part, in response to the plaintiffs’ claims argued “a person’s gender is based on fact — not feelings — and the plaintiffs at birth were registered and named based on their gender status.”
High Court Justice Bahati Mwamuye ruled on May 20.
“The silence and delay cannot defeat rights,” ruled the court, according to the Daily Nation, a Kenyan newspaper. “Constitutional rights cannot be delayed over administrative convenience.”
The court in 2014 ordered the Kenya National Examinations Council to change Mbugua’s name on her academic diplomas and to remove the male gender marker from them.
Kenya’s intersex rights law took effect in 2022. The government in February 2025 announced intersex people can receive birth certificates with an “I” gender marker.
The Daily Nation notes Mwamuye ordered the Registrar of Deaths and Births and other government agencies to “begin receiving and considering applications for gender-marker changes within” 60 days.
“Access to legal identity documentation is not just a human rights issue; it is a foundational pillar of socio-economic inclusion,” said the Initiative for Equality and Non-Discrimination, a Kenyan advocacy group, in response to the ruling. Without accurate IDs or passports, individuals face severe barriers to employment, financial systems, global business travel, and participation in governance and democratic processes.”
“This ruling marks a critical step forward in reducing administrative discrimination and fostering an inclusive environment where every Kenyan citizen’s legal identity aligns with their dignity,” added INEND.
Outright International, a New York-based global LGBTQ and intersex advocacy group, in a statement described Mwamuye’s ruling as “a meaningful shift towards aligning Kenya’s legal framework with constitutional guarantees of equality, privacy, and human dignity. Outright International also applauded Mbugua and other activists who fought for this change.
“Today, we celebrate a milestone — one achieved through resilience, solidarity, and an unwavering belief in justice,” said the group. “Outright International stands with transgender and intersex Kenyans in honoring this victory and reaffirming our commitment to advancing rights, recognition, and equality for all.”
Ghana
Intersex lives, constitutional freedom, and the dangerous future of Ghana’s Human Sexual Rights and Family Values Bill
Lawmakers continue to consider draconian measure
There is a dangerous silence surrounding intersex lives in Ghana — a silence shaped by fear, misinformation, cultural misunderstanding, and institutional neglect. Today, amid discussions around the possible passage of the Human Sexual Rights and Family Values Bill, 2025, that silence risks becoming law, reinforcing exclusion and deepening the marginalization of already invisible lives.
Much of the national debate surrounding the bill has focused on LGBTQ+ identities. Yet buried within it are implications for intersex persons that many Ghanaians do not fully understand because intersex realities remain largely invisible.
Intersex persons are born with natural variations in chromosomes, hormones, reproductive anatomy, and/or genital characteristics that do not fit typical definitions of male or female bodies. Intersex is not a sexual orientation or gender identity. It is a biological reality. Ghana’s Commission on Human Rights and Administrative Justice (CHRAJ) has clearly acknowledged this distinction.
Despite this distinction, the bill mistakenly collapses intersex realities into a legal framework linked to LGBTQ+ criminalization.
Although the bill contains only limited references to intersex persons, under certain medical exceptions, these references do not amount to recognition or protection. Instead, they frame intersex bodies as abnormalities requiring regulation, correction, and institutional management. This approach is inconsistent not only with Ghana’s constitutional guarantees of dignity, equality, privacy, and liberty, but also with emerging African and international human rights standards. The African Commission on Human and Peoples’ Rights Resolution on the Promotion and Protection of the Rights of Intersex Persons in Africa – ACHPR/Res.552 (LXXIV) 2023 affirms protections relating to bodily integrity, dignity, freedom from discrimination, and against harmful medical practices. Additionally, the United Nations has repeatedly condemned medically unnecessary and non-consensual interventions on intersex children. Rather than affirming the humanity and autonomy of intersex persons, the bill risks legitimizing systems of surveillance, coercion, violence, and institutional erasure.
This is not protection.
It is managed erasure.
A child born intersex in Ghana already enters a society shaped by secrecy and stigma. Families are often pressured to hide intersex children or seek “correction” to make their bodies conform to social expectations.
The bill risks intensifying this pressure.
Clause 17 creates space for “approved service providers” to support interventions relating to intersex persons, yet offers little protection around informed consent, bodily autonomy, confidentiality, or coercive treatment. Under the language of “correction” or “support,” harmful interventions may become normalized.
The intersex community has documented painful lived experiences of intersex Ghanaians that reveal the devastating consequences of stigma and invisibility.
One heartbreaking case involved intersex twins born in Ghana’s Eastern Region in 1993, who were repeatedly forced to move from village to village because of rejection and ridicule. After losing their father, their main source of protection and support, they became even more vulnerable and reportedly experienced severe emotional distress, including suicidal thoughts linked to years of stigma and exclusion. This is what invisibility looks like in practice.
Another painful example is the story of Ativor Holali, whose lived experience exposed the cruel realities intersex persons face in sports and public life. Ativor Holali endured invasive scrutiny, public humiliation, and social suspicion because her body did not conform to rigid expectations of femininity. Rather than being protected as a Ghanaian athlete deserving dignity and privacy, she became the subject of speculation, gossip, and institutional discomfort.
Her experience reflects a broader social crisis: when society insists that every body must fit a narrow binary definition, intersex people are forced to defend their humanity in spaces where dignity should already be guaranteed.
Intersex Persons Society Of Ghana (IPSOG)’s Ŋusẽdodo research further revealed that approximately 70 percent of intersex respondents reported depression, anxiety, trauma, or severe emotional distress linked to medical mistreatment, family rejection, bullying, and social exclusion.
The bill risks transforming these existing prejudices into institutional policy. Several provisions risk deepening surveillance, restricting advocacy, weakening confidentiality, and discouraging public education around intersex realities. Intersex-led organizations providing healthcare guidance, legal referrals, psychosocial support, and community services may face serious challenges.
This places IPSOG and other intersex-led organizations in Ghana at serious risk.
For many intersex Ghanaians, these spaces are not political luxuries.
They are survival mechanisms.
Governments derive legitimacy by protecting the natural rights of all persons, including dignity, liberty, bodily autonomy, and freedom from arbitrary interference. The bill raises concerns because it risks weakening these protections for intersex persons through surveillance, coercive interventions, and restrictions on advocacy.
Ghana’s Constitution declares that “the dignity of all persons shall be inviolable.” Articles 15, 17, 18, and 21 specifically protect dignity, equality, privacy, expression, and freedom of association. These protections should apply equally to intersex persons.
Intersex persons are not threats to Ghanaian culture.
Intersex children are not moral dangers.
Intersex bodies are not political weapons.
They are human beings deserving dignity, healthcare, safety, and constitutional protection.
The true measure of a democracy is how it protects those most vulnerable to exclusion. At this moment, Ghana faces a choice: deepen fear and silence, or uphold dignity, bodily autonomy, and constitutional freedom for intersex persons.
History will remember the choice we make.
Fafali Delight Akortsu is the founder and president of the Intersex Persons Society of Ghana (IPSOG).
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