Sponsors of the Human Sexual Rights and Family Values Bill, popularly known as the Anti-Gay Bill, have scheduled a peaceful walk to the Supreme Court to protest delays in the bill’s determination.
On Tuesday, October 8, 2024, proponents of the bill will gather at the Kwame Nkrumah Circle in Accra before marching to submit a petition to both the Attorney General and the Chief Justice, Her Ladyship Gertrude Torkonoo.
This action is part of their effort to expedite the bill, which has been pending since its passage by Parliament on February 28, 2024.
The peaceful walk, originally planned two months ago, will involve various religious groups and stakeholders. The decision to protest follows the Supreme Court’s ruling on July 17, 2024, to delay judgments on anti-gay cases until all related legal matters are resolved.
The Human Sexual Rights and Family Values Bill seeks to criminalize LGBTQ+ activities in Ghana. During the walk, the sponsors will formally petition Chief Justice Torkonoo to schedule a date for the final ruling, reflecting the ongoing and intense debate over LGBTQ+ rights in the country.
In an interview with Umaru Sanda Amadu on Face to Face on Channel One TV, Sam George, the lead advocate for the bill, expressed frustration with the Supreme Court’s delay in setting a hearing date. He emphasized that the court’s inaction undermines the urgency of a national issue.
“Basically what the Supreme Court has done is stage judgements. The judiciary today is stopping the legislature from doing a constitutional mandate. Based on Article 106/7 of the Constitution, The Chief Justice and the Supreme Court have basically restrained Parliament from doing so without uttering those words.
“Now you say you want to hear the main case, they haven’t said anything to us, they haven’t given us a timetable. Are you hearing it now, one month or two years, nobody knows what’s going on. She has not even called the main case. We need a timetable to know what she’s going to call the case.”
The Member of Parliament noted that the Supreme Court has previously heard cases during vacation periods, highlighting the inconsistency in delaying this particular case.
He emphasised that further delays are not in the country’s best interest.
“The Supreme Court has been hearing cases during vacation. During vacation, the court of the land has been sitting, and it’s about placing a premium on it. Earlier two months ago, a decision was taken by the sponsors and some other partners, the Chief Imam’s office, Ghana Pentecostal and Charismatic church that we were going to march to the Chief Justce’s office, give a petition to her, demanding from her to give us a timetable.
“This is a major national issue, we need to have a final determination on the matter, and they should act expeditiously. It’s not a matter the Supreme Court can choose and be lackadaisical or drag its feet. we want to see some action.
“It’s coming off this Tuesday, October 8, we will start from Kwame Nkrumah Circle, a peaceful march, nobody is supposed to come with party colours. We will march to the Supreme Court to demand a ruling on the case.”
Background
On February 28, 2024, Parliament approved the Human Sexual Rights and Family Values Act, 2024, which criminalizes LGBTQ+ activities, as well as their promotion, advocacy, and funding.
Those found guilty could face a jail term ranging from 6 months to 3 years, while those promoting and sponsoring the act could face a jail term between 3 to 5 years.
The bill has suffered some legal suits by two private legal practitioners Richard Dela Sky and Gender Activist Dr Amanda Odoi, who are seeking annulment of the bill.
Prince Obiri-Korang, a law lecturer at the University of Ghana, also initiated a suit to overturn the law.
The bill’s fate remains uncertain, with President Nana Addo Dankwa Akufo-Addo yet to sign it into law amidst international pressure and concerns about its potential impact on Ghana’s economy.
The Human Sexual Rights and Family Values Bill has been a topic of discussion since 2021, with proponents arguing it promotes traditional family values and opponents claiming it violates human rights.
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