The Supreme Court of Ghana, chaired by Justice Lovelace Avril Johnson, has recently made a significant ruling regarding the controversial Human Sexual Rights and Family Values Bill. The bill, which has sparked intense national debate, aims to criminalize activities associated with LGBTQI advocacy in the country.
Broadcast journalist and lawyer Richard Dela Sky had filed a petition challenging the constitutionality of the bill, arguing that the legislative process was unconstitutional. However, the Supreme Court unanimously dismissed his petition, affirming the constitutionality of the legislative procedures for the proposed anti-LGBTQI legislation.
The bill, still in its legislative stages, has faced scrutiny from both supporters and critics. Proponents argue that it is necessary to preserve Ghanaian cultural and family values, which they believe are under threat from foreign ideologies. On the other hand, critics, including human rights organizations, condemn the bill as a violation of fundamental human rights such as freedom of expression, association, and equality under the law.
In addition to Richard Dela Sky’s petition, equality and inclusion advocate Amanda Odoi also filed a legal challenge, alleging that Parliament had failed to meet constitutional quorum requirements during the legislative process. However, the Supreme Court dismissed both petitions, clarifying that the bill had not yet become law and therefore was not subject to judicial review of its constitutionality.
Justice Lovelace Johnson emphasized that legislative processes cannot be challenged on constitutional grounds until they result in enforceable law. While this ruling closes the door on immediate legal challenges, the debate over the Human Sexual Rights and Family Values Bill continues to divide opinion in Ghana. Supporters see it as a necessary measure to protect societal values, while opponents view it as a violation of human rights principles.
The Supreme Court’s decision serves as a reminder of the importance of upholding constitutional processes and the rule of law in the legislative arena. As Ghana grapples with the implications of the proposed legislation, the conversation around LGBTQI rights and societal values is likely to remain a contentious issue for the foreseeable future.
