A seven-member panel of Ghana’s Supreme Court, led by Justice Lovelace Avril Johnson, has unanimously dismissed a constitutional challenge brought against the Human Sexual Rights and Family Values Bill by broadcast journalist and lawyer Richard Dela Sky.
Sky had petitioned the court, seeking a declaration that the controversial bill—which has sparked widespread national debate—was unconstitutional and null. However, the court rejected his petition, ruling that the legislative process surrounding the proposed anti-LGBTQI bill did not violate the Constitution.
The bill, which remains a polarizing issue, seeks to criminalize activities associated with lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI) advocacy. If passed into law, it would impose penalties on individuals or organizations that promote, fund, or indirectly support LGBTQI-related activities.
Debate Over Cultural Values and Human Rights
The proposed legislation has generated intense public discourse. Supporters argue that it is necessary to safeguard Ghanaian cultural and family values, which they claim are under threat from foreign influences. On the other hand, critics, including human rights organizations, have condemned the bill, arguing it violates fundamental freedoms such as expression, association, and equality. They warn it could foster discrimination and persecution of LGBTQI individuals, undermining human rights in the country.
This legal challenge is one of several efforts to oppose the bill. Equality and inclusion advocate Amanda Odoi also filed a separate petition alongside Sky, alleging that Parliament violated quorum requirements specified under Articles 102 and 104 of the Constitution during the legislative process. Both Sky and Odoi contended that this procedural failure rendered the bill unconstitutional and invalid.
Supreme Court’s Ruling
The Supreme Court dismissed both petitions, emphasizing that the bill has not yet been enacted into law. Justice Lovelace Johnson explained that until a bill receives presidential assent, it remains a proposal and is not subject to judicial review of its constitutionality.
The ruling affirmed that legislative procedures cannot be challenged on constitutional grounds until they result in enforceable law.
This decision underscores the ongoing debate surrounding the balance between protecting cultural values and upholding human rights in Ghana, as the controversial bill continues to polarize public opinion and spark legal challenges.