Ghana's Supreme Court Upholds Anti-Gay Law Amid Pending Bill Decision

Ghana's Supreme Court has upheld a law criminalizing gay sex, with reasons for the decision to be given later. The Ghanaian Criminal Code of 1960 prohibits same-sex acts, and penalties may increase if new legislation is approved. The court is also reviewing the constitutionality of this new bill.

Ghana's Supreme Court on Wednesday upheld a six-decade-old law criminalising gay sex in the west African country, as another court decision on potentially harsher penalties looms. The seven-member panel dismissed a lawsuit challenging the law, with presiding Justice Paul Baffoe-Bonnie stating that reasons for the decision will be provided later.

Enacted in 1960, the Ghanaian Criminal Code bans same-sex sexual acts, labeling them as 'unnatural carnal knowledge,' and imposes up to three years in jail for offenders. The penalties could become even more severe if the Human Sexual Rights and Family Values Bill, passed in February, takes effect, intensifying the government's crackdown on those accused of promoting lesbian, gay, or other minority sexual or gender identities.

Earlier this month, the court delayed its ruling on whether the controversial bill should be sent to President Nana Akufo-Addo for approval, first needing to ascertain its constitutionality. Law lecturer Prince Obiri-Korang, who filed the initial lawsuit in 2021, argued that portions of the 1960 code violate constitutional rights to privacy.

(With inputs from agencies.)