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Botswana Just Decriminalized Homosexual Acts in Landmark Vote

botswana homosexuality

The country's high court struck down the Colonial-era laws.

MikelleStreet

Homosexuality has now been decriminalized in Botswana, after the country's high court ruled a set of laws unconstitutional in an unanimous vote.

"Human dignity is harmed when minority groups are marginalized," judge Michael Leburu said of the ruling according to theNew York Times. "Sexual orientation is not a fashion statement. It is an important attribute of one's personality."

The ruling reverses vestiges of century-old colonialism during a time when these Penal Codes were introduced. Other former colonies like the country of Trinidad and Tobago, as well as India have similarly moved to decriminalize in the past two years. In Trinidad and Tobago, though a ruling was made in April 2018 saying sections of its Sexual Offences Act are unconstitutional, a final judgement in July will ultimately determine the status of the laws. When India decriminalized in September 2018, it became the 18th Commonwealth nation to eradicate the laws -- among them are South Africa and Australia -- but 36 other countries still have them on the books. This is just over half of the countries in the world that still criminalize homosexuality. It's likely this that led Judge Leburu to call the Penal Code a "British import" developed "without the consultation of local peoples."

In April 2018, the British Prime Minister Theresa May said she regretted the country's role. "I am all too aware that these laws were often put in place by my own country," she said. "They were wrong then and they were wrong now." These laws not only shaped legal ramificaitons for queer and trans people but also have influenced the social ramifications as well. May went on to say that London would support Commonwealth members looking to reform the legislation.

In Botswana, the case that saw the laws overturned was brought by an anonymous gay man. At the time, those who committed homosexual acts in private or public could be sentenced up to seven years in prison, and there could be a five year sentencing for those who "attempt to" engage in such acts.

Bhutan, which was a British protectorate but not a Commonwealth country, passed decriminalization on Friday. And Angola, which is a former colony of Portugal, and is not a part of the Commonwealth, decriminalized in January.

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Mikelle Street

Mikelle is the former editorial director of digital for PrideMedia, guiding digital editorial and social across Out, The Advocate, Pride.com, Out Traveler, and Plus. After starting as a freelancer for Out in 2013, he joined the staff as Senior Editor working across print and digital in 2018. In early 2021 he became Out's digital director, marking a pivot to content that centered queer and trans stories and figures, exclusively. In September 2021, he was promoted to editorial director of PrideMedia. He has written cover stories on Ricky Martin, Miss Fame, Nyle DiMarco, Jeremy O. Harris, Law Roach, and Symone.

Mikelle is the former editorial director of digital for PrideMedia, guiding digital editorial and social across Out, The Advocate, Pride.com, Out Traveler, and Plus. After starting as a freelancer for Out in 2013, he joined the staff as Senior Editor working across print and digital in 2018. In early 2021 he became Out's digital director, marking a pivot to content that centered queer and trans stories and figures, exclusively. In September 2021, he was promoted to editorial director of PrideMedia. He has written cover stories on Ricky Martin, Miss Fame, Nyle DiMarco, Jeremy O. Harris, Law Roach, and Symone.