Alexander Afenyo-Markin, the Majority Leader in Parliament, has issued a challenge to opponents of the controversial Human Sexual Rights and Family Values Bill 2021, encouraging them to seek a Supreme Court judgment to clarify its constitutionality.
The bill, which has sparked intense debate both within and outside Parliament, aims to criminalize LGBTQ+ relationships and advocacy in Ghana.
Afenyo-Markin who engaged the media on the Bill on Monday stressed the legal and ethical dilemmas posed by the bill, particularly regarding the criminalization of sexual orientations that diverge from the nation’s predominant value system.
“The test here is whether or not a sexual right, which is in itself being brought to question, should lead to a criminal penalty,” he articulated, questioning the appropriateness of incarceration as a means of addressing LGBTQ+ orientations.
The Majority Leader also raised concerns about the bill’s implications for freedom of expression and advocacy, and questioned how prohibitions on certain forms of advocacy would align with the country’s constitutional guarantees.
“How does this position stand in accord with the Constitution, especially the issues of advocacy, saying that a media house cannot take certain steps,” he inquired.
Afenyo-Markin acknowledged the need to protect minors from exploitation but expressed reservations about the blanket criminalization of LGBTQ+ individuals.
He cited recent appeals from the Catholic Church against incarcerating individuals for their sexual orientation, advocating for a balanced approach that reflects Ghana’s values of tolerance and judicial reform.
He stated, “Our judiciary has a new sentencing regime, which talks about non-custodial sentencing as a form of reform, correction, and transformation,” emphasizing the unsuitability of prison conditions for achieving such objectives.
According to him, the call for a Supreme Court test of the bill is to ensure that any legislative action taken respects the fundamental rights enshrined in the Constitution and reflects a society that values reform and tolerance over punishment.
“Ultra conservatism can alone not be the way to reform a society, transform society, and help grow a society,” he stressed and pointed out that testing the Bill in the Supreme Court will help the nation to bring this matter to a good rest.