The Supreme Court has struck out a review application filed by Richard Sky, challenging the constitutionality of Parliament’s passage of the Human Sexual Rights and Family Values Bill, commonly referred to as the anti-gay bill . The application was withdrawn by Sky’s lawyer, Paa Kwasi Abaidoo, when the case was called yesterday, February 26, 2025.
Background of the Bill
The Human Sexual Rights and Family Values Bill was passed by Parliament on February 28, 2024. If assented to by the President, the bill will impose a minimum jail term of three years and a maximum of five years on individuals who engage in and promote homosexual activities . The bill also criminalizes pro-gay advocacy and sanctions individuals and organizations that fund activities associated with LGBTQ+ communities.
Supreme Court Ruling
In a unanimous decision on December 18, 2024, the Supreme Court ruled that the suits challenging the constitutionality of the bill had failed to properly invoke its jurisdiction ¹. The court further held that the suits were premature since the bill had not yet been enacted into law.
Reaction of the Court
Members of the bench expressed displeasure over Sky’s absence in court, with some justices suggesting that costs should be imposed on him . However, others argued that the case was a public interest matter and that awarding costs to the state was unnecessary.
Conclusion
The withdrawal of the review application marks the end of the legal challenge to the anti-gay bill. However, the controversy surrounding the bill is likely to continue, with many arguing that it violates human rights and promotes discrimination against LGBTQ+ individuals .
