Namibia’s upper house of parliament passed a law on Wednesday, banning same-sex marriage and imposing penalties on its supporters. This move has been deemed as an unconstitutional attack by the LGBTQ community.
The legislation aims to contradict a previous judgment of the Supreme Court that authorised the recognition of certain unions contracted abroad. Despite encountering no opposition, the law still requires endorsement by the lower house and promulgation by President Hage Geingob to become effective.
Elder Filipe, a member of the ruling SWAPO party, expressed his support for the law in parliament, stating, “The marital union is between a man and a woman and that must be respected.”
According to the new text, “marriage” is defined as a union “between persons of opposite sexes,” and “spouse” is described as “half of a legal union between two persons born genetically male and female.”
One significant provision of the law is the non-recognition of marriages between two persons of the same sex, solemnized abroad.
Furthermore, the legislation criminalises the solemnization, participation in, promotion, or advertisement of same-sex marriages, imposing penalties of up to six years of imprisonment and a fine of up to 100,000 Namibian dollars ($5,500).
LGBTQ rights activist Zindri Swartz expressed her concerns about the new law, stating, “It feels like a direct attack on the LGBTQ community. It is a gross violation of our dignity and humanity.”
It is essential to note that sex between homosexuals is already prohibited in Namibia under a 1927 sodomy law, although enforcement is infrequent.
In recent years, the southern African country has witnessed several court cases concerning the rights of same-sex couples regarding marriage, parenthood, and immigration.
In May, the Supreme Court ruled that same-sex marriages concluded overseas between Namibian citizens and foreigners should be recognised. This decision has sparked anger among conservatives in this sparsely populated and predominantly Christian country, which is renowned as a popular tourist destination for its wildlife and nature.