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The Supreme Court dismissed a petition challenging the anti-gay bill

4 days ago
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A seven-member panel of the Supreme Court, presided over by Justice Lovelace Avril Johnson, has unanimously dismissed a constitutional petition filed by broadcast journalist and lawyer Richard Delay Sky, challenging the legality of the Human Sexual Rights and Family Values Bill.

Sky had sought the court’s declaration that the contentious bill, which has fueled widespread national debate, was unconstitutional.

The court, however, ruled against his petition, affirming the constitutionality of the legislative process behind the proposed anti-LGBTQI legislation.

The bill, aimed at criminalizing activities related to lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI) advocacy, has drawn both staunch support and strong criticism. If passed into law, it would impose penalties on individuals who promote, fund, or indirectly support LGBTQI-related activities.

Supporters of the bill argue that it is essential for preserving Ghanaian cultural and family values, which they believe are under threat from external influences. Opponents, including human rights groups, contend that the bill infringes on fundamental rights such as freedom of expression, association, and equality before the law.

The legal challenge also included a separate petition filed by equality advocate Amanda Odoi. Both Sky and Odoi argued that Parliament did not meet the quorum requirements outlined in Articles 102 and 104 of the Constitution during the bill’s legislative process, rendering its passage unconstitutional.

In its decision, the Supreme Court dismissed the petitions, noting that the bill has not yet become law. Justice Johnson clarified that until the bill receives presidential assent, it cannot be considered an enactment subject to constitutional judicial review.

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