Malawi ruling against same-sex relationships sparks debate

Post By Diaspoint | July 9, 2024

Conservative church leaders are praising a recent ruling by Malawi’s Constitutional Court refusing to decriminalize same-sex relationships, while human rights groups are condemning the move in the southern African nation.

In a landmark ruling on June 28, the court dismissed a case brought by two applicants challenging Malawi’s laws criminalizing same-sex relationships, wanting the court to legalize gay relationships in the country.

The two applicants, Jan Willem Akster from the Netherlands and a Malawian trans woman, Jana Gonani, were responding to criminal charges in lower courts. Akster had been accused of sexual abuse and sodomy, while Jana faces trial for what Malawian law described as “unnatural behavior.”

The two had sought relief in the Constitutional Court, arguing that Malawi’s anti-gay laws violate their fundamental rights, including the right to privacy and dignity.

Judges Joseph Chigona, Vikochi Chima and Chimbizgani Kacheche rejected their arguments, saying that the applicants failed to prove their case beyond any reasonable doubt.

Malawi has some of the harshest anti-gay laws in the world, with offenders likely to spend as many as 14 years in jail. The court said the applicants could ask parliament to amend the country’s laws on homosexuality if the judgment didn’t satisfy them.

The decision has received praise from church groups not only in Malawi, but as far away as the United Kingdom.

Human Life International, a conservative pro-life and pro-family Catholic group, welcomed the court’s ruling on July 3, saying it is “in adherence” with the nation’s treatment of homosexuality as an imprisonable offense.

Dr. Brian Clowes, Director of Education and Research at Human Life International, said in a statement that the ruling reflected “the wisdom of Africa.”

“Once again, we Westerners see the wisdom of Africa. Instead of following the latest fads, Africans follow God and His plan for our lives. This is why Africa will lead the world in just a couple of decades. All the African people have to do is reject the corruption the West is trying to force upon them.”

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