The Supreme Court of Ghana has unanimously dismissed a legal challenge against the Human Sexual Rights and Family Values Bill, a proposed anti-LGBTQI legislation. The seven-member panel, headed by Justice Lovelace Avril Johnson, ruled against a petition filed by broadcast journalist and lawyer Richard Dela Sky, who sought to declare the bill unconstitutional.
Sky’s petition argued that the bill, which has sparked heated national debates, was null and void. However, the court upheld the legislative process behind the bill, affirming its constitutionality. The proposed legislation seeks to criminalize activities linked to LGBTQI advocacy, including promoting, funding, or indirectly supporting such causes. If enacted, it could impose severe penalties on offenders.
Supporters of the bill argue that it is essential to preserve Ghanaian cultural and family values, which they believe are under threat from external influences. In contrast, critics, including human rights organizations, argue that the bill violates fundamental freedoms such as expression, association, and equality.
The legal challenge also included a separate petition from equality and inclusion advocate Amanda Odoi. Both Sky and Odoi claimed that Parliament failed to meet constitutional quorum requirements as outlined in Articles 102 and 104 during the legislative process, making the bill’s passage unconstitutional.
In its ruling, the Supreme Court dismissed the petitions, emphasizing that the bill has not yet become law. Justice Lovelace Johnson explained that until a bill receives presidential assent, it remains a proposal and cannot be subjected to judicial review. The decision highlights the court’s stance that constitutional challenges to legislative processes are premature until they result in enforceable laws.
The ruling underscores the judiciary’s approach to balancing legislative authority with constitutional oversight, leaving the bill’s ultimate fate to the legislative and executive branches.
