NDN Staffer
WINDHOEK, July 20 — Namibian lawmakers on Wednesday approved legislation to ban same-sex marriage and punish its supporters, in what critics said was an unconstitutional attack on the LGBTQ community.
The bill, which was passed by the National Assembly with 58 votes in favour and 13 against, seeks to reverse a Supreme Court ruling that allowed for the recognition of some same-sex unions contracted abroad.
The law redefines “marriage” as the union “between persons of the opposite sex” and “spouse” as “one half of a legal union between a genetically born man and genetically born woman”.
It states that same-sex marriages contracted abroad are not to be recognised in the country.
It also makes celebrating, witnessing, promoting or propagating such wedlock a criminal offence punishable with up to six years in jail and fines of up to 100,000 Namibian dollars ($5,500).
“This feels like a direct attack on the LGBTQ community,” LGBTQ rights activist Zindri Swartz told AFP. “It is a gross violation of our dignity and humanity.”
Gay sex is banned in Namibia under a rarely-enforced 1927 sodomy law.
But the southern African country has seen a flurry of court cases on the rights of same-sex couples to marry, become parents and immigrate in recent years.
In May, the Supreme Court said that same-sex marriages contracted abroad between Namibian citizens and foreign spouses should be recognised.
The ruling enraged social conservatives in the sparsely populated, largely Christian country, a popular tourist destination rich in wildlife and natural attractions.
But legal experts and opposition politicians have cautioned that by directly contradicting a Supreme Court ruling the new law might be unconstitutional — and challenge the democratic foundations of the country.
“This law is a clear violation of the Namibian constitution, which guarantees equality before the law for all citizens,” said Phil ya Nangoloh, executive director of the Legal Assistance Centre, a human rights group.
“We will be challenging this law in court.”
The bill is now expected to be signed into law by President Hage Geingob.
Geingob, who is a member of the ruling SWAPO party, has not yet commented on the bill.
The Namibian LGBTQ community is now bracing for a legal battle to overturn the new law.
“We will not give up until we have full equality under the law,” Swartz said.
