Two gay couples fighting for marriage recognition were ruled down by Namibia’s High Court on Thursday. The judge agreed with the couples, but was bound by the nation’s ban on same-sex relationships.
Some African nations, such as Namibia, still forbid same-sex liaisons, with couples risking jail and public ridicule.
Anette Seiler-Lilles and Anita Seiler-Lilles were married in Germany and Daniel Digashu and Johan Potgieter in South Africa, but now both couples live in Namibia.
Anita Seiler-Lilles, who is German, and Digashu, a South African, have both been denied work permits or residency due to their same-sex marriages.
The plaintiffs argued in court that the word “spouse” in Namibian immigration law should also include same-sex couples or the clause should be declared unconstitutional.
In her ruling, Judge Hannelie Prinsloo said Namibia does not recognise same-sex relationships due to a ruling by the Supreme Court of Namibia from more than 20 years ago.
“Only the Supreme Court can correct itself,” she said, adding it was high time the constitution reflected social reality.
Despite being disappointed by the decision, Namibian-born Anette Seiler-Lilles said there are still signs that things can change and that they will discuss appealing.
Ian Southey-Swartz, a Namibian citizen working for the Open Society Foundations-Africa, which supported the couple, expressed his sadness with the decision.
“The current legal position has turned me, and many others in my position, into second-class citizens, forced to choose between our country and our family,” he said in a statement.
