Anti-LGBTQ Bill: Supreme Court Dismisses Lawsuits Against Human Sexual Rights and Family Values Bill

Anti-LGBTQ Bill: Supreme Court Dismisses Lawsuits Against Human Sexual Rights and Family Values Bill

  • The Supreme Court has dismissed the petitions challenging the constitutionality of the Human Sexual Rights and Family Values Bill
  • In its summary judgment, the Supreme Court justices said the petition did not properly invoke the court's jurisdiction
  • Richard Dela Sky, a lawyer, and Dr Amanda Odoi, a lecturer, challenged the Human Sexual Rights and Family Values Bill.

The Supreme Court has dismissed the petitions challenging the constitutionality of the Human Sexual Rights and Family Values Bill.

In its summary judgment, the Supreme Court panel said the petition did not properly invoke the court's jurisdiction.

Anti-LGBTQ Bill: Supreme Court Dismisses Lawsuits Against Human Sexual Rights and Family Values Bill
Supreme Court dismisses two lawsuits against anti-gay bill
Source: Getty Images

The leader of the panel, Justice Lovelace Avril Johnson, said the challenges were premature.

“We are of the view that the subject of the litigation, being a bill still undergoing the process of becoming law in accordance with the provisions fully set out in the constitution, it will be premature for this court to exercise its interpretive and enforcement jurisdiction to intervene.”

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The bill was challenged by Richard Dela Sky, a lawyer, and Dr. Amanda Odoi, a lecturer.

Sky and Odoi are challenging the bill on grounds ranging from Parliamentary procedure to fundamental human rights.

Sky, for example, claims the law violates constitutional protections, including freedom of speech, expression, assembly, association, freedom from discrimination based on gender, creed, social or economic status, and rights to human dignity.

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Ahead of this judgement, the Supreme Court upheld the law which prohibits gay sexual acts.

Dr Obiri-Korang, a University of Ghana lecturer, challenged the unnatural carnal knowledge law.

Obiri-Korang unsuccessfully argued that Section 104(1)(b) of the Act was unconstitutional because it breached the right to privacy stipulated under Article 18 of the 1992 Constitution, the right against discrimination under Article 17, and the protection of personal liberties under Article 14.

Akufo-Addo refuses to receive anti-gay bill

YEN.com.gh reported that President Akufo-Addo has refused to formally receive the Human Sexual Rights and Family Values Bill, which Parliament approved on June 28.

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Akufo-Addo cited the lawsuits as his reasoning. He returned the bill to Parliament when it was sent for his assent.

The courts refused to compel him, noting that granting such a request would be inappropriate because of the bill's legal challenges at the Supreme Court.

Proofread by Samuel Gitonga, Copy Editor at YEN.com.gh

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Source: YEN.com.gh

Authors:
Delali Adogla-Bessa avatar

Delali Adogla-Bessa (Head of Current Affairs and Politics Desk) Delali Adogla-Bessa is a Current Affairs Editor with YEN.com.gh. Delali previously worked as a freelance journalist in Ghana and has over seven years of experience in media, primarily with Citi FM, Equal Times, Ubuntu Times. Delali also volunteers with the Ghana Institute of Language Literacy and Bible Translation, where he documents efforts to preserve local languages. He graduated from the University of Ghana in 2014 with a BA in Information Studies. Email: delali.adogla-bessa@yen.com.gh.