Supreme Court Unanimously Rejects Petition Against Anti-Gay Bill
The Supreme Court of Ghana, in a unanimous decision led by Justice Lovelace Avril Johnson, has dismissed a petition filed by broadcast journalist and lawyer Richard Dela Sky, challenging the constitutionality of the Human Sexual Rights and Family Values Bill. The seven-member panel ruled that the legislative process for the proposed anti-LGBTQI bill remains constitutional.
Sky had sought a ruling declaring the bill unconstitutional and void, arguing it violated fundamental rights. However, the court rejected his petition, affirming that the bill’s legislative process complies with constitutional requirements.
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About the Bill
The Human Sexual Rights and Family Values Bill, which has sparked significant national debate, seeks to criminalize activities related to LGBTQI advocacy. If passed into law, it would impose penalties on individuals promoting, funding, or indirectly supporting LGBTQI-related activities.
Supporters of the bill argue it is necessary to uphold Ghanaian cultural and family values, which they believe are being threatened by foreign ideologies. On the other hand, critics, including human rights advocates, have condemned the bill, asserting it infringes on fundamental human rights such as freedom of expression, association, and equality before the law.
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Additional Legal Challenges
Equality and inclusion advocate Amanda Odoi also filed a separate petition, claiming that Parliament did not meet the constitutional quorum requirements outlined in Articles 102 and 104 during the legislative process, thereby rendering the bill’s passage invalid.
Both Odoi and Sky contended that these procedural lapses undermined the legitimacy of the bill.
Supreme Court’s Ruling
The Supreme Court dismissed both petitions, stating that the bill has not yet become law and, therefore, cannot be subject to judicial review. Justice Lovelace Johnson emphasized that a bill does not constitute enforceable legislation until it receives presidential assent.
This ruling highlights the court’s stance that legislative processes until finalized, are not subject to constitutional challenges.
