The Supreme Court, led by Justice Lovelace Avril Johnson, has unanimously dismissed a petition filed by Broadcast Journalist Richard Dela Sky challenging the constitutionality of the Human Sexual Rights and Family Values Bill.
The petitioner had sought a declaration that the bill, which has generated widespread debate across the country, be declared null and void. However, the court rejected the petition, effectively upholding the proposed legislation’s constitutionality.
The controversial anti-gay bill, which has been widely criticized by human rights groups and supported by religious and traditional institutions, aims to criminalize activities related to the advocacy of lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI) rights.
Once enacted, the bill will impose penalties on individuals promoting or funding pro-LGBTQI activities and extend criminal liability to those offering indirect support to such initiatives.
Supporters of the bill argue that it is necessary to protect Ghanaian cultural and family values, which they believe are under threat from what they view as the imposition of foreign ideologies.
In contrast, opponents argue that the bill violates fundamental human rights, including freedom of expression, association, and equality under the law.
The lawsuits challenging the constitutionality of the anti-gay bill were brought by Richard Dela Sky, a journalist and lawyer, and Amanda Odioi, an equality and inclusive advocate.
Their petitions to the Supreme Court raise two critical legal arguments stating that Parliament did not meet the required quorum as outlined in Articles 102 and 104 of the Constitution when the bill was passed.
The plaintiffs allege that these thresholds were not met during the legislative process for the anti-gay bill. They argue that the lack of quorum renders the entire process unconstitutional and, therefore, null and void
