Supreme Court throws out petition challenging Human Sexual Rights and Family Values Bill

A seven-member panel of the Supreme Court, led by Justice Lovelace Avril Johnson, has unanimously dismissed a petition filed by broadcast journalist and lawyer Richard Dela Sky, challenging the constitutionality of the Human Sexual Rights and Family Values Bill, a proposal that has been the subject of intense national debate.

Mr Sky sought a declaration that the bill was null and void, arguing that its legislative process was unconstitutional. However, the court rejected his petition, affirming the constitutionality of the legislative procedures for the proposed anti-LGBTQI legislation.

The bill, which remains in its legislative stages, seeks to criminalise activities associated with lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI) advocacy. If enacted, it will impose penalties on individuals promoting or funding LGBTQI-related activities and those providing indirect support.

Proponents argue that the bill is necessary to preserve Ghanaian cultural and family values, which they believe are threatened by foreign ideologies. On the other hand, critics, including human rights organisations, have condemned the proposed legislation as a violation of fundamental human rights, such as freedom of expression, association, and equality under the law.

In addition to Mr Sky's petition, a separate legal challenge was filed by equality and inclusion advocate Amanda Odoi. Both petitioners contended that Parliament had failed to meet constitutional quorum requirements as stipulated in Articles 102 and 104 of the Constitution during the legislative process, rendering the bill’s passage unconstitutional.

The Supreme Court dismissed both petitions, clarifying that the bill had not yet become law. Justice Lovelace Johnson stated that until a bill receives presidential assent, it does not constitute an enacted law subject to judicial review of its constitutionality.

The ruling underscores the court’s position that legislative processes cannot be challenged on constitutional grounds until they result in enforceable law.

While the Supreme Court’s decision closes the door on immediate legal challenges, the debate surrounding the Human Sexual Rights and Family Values Bill continues to divide opinion in Ghana. The proposed legislation is seen by supporters as a necessary step to protect societal values, while opponents view it as a violation of human rights principles.

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