Why the Supreme Court is delaying its ruling on the Family Values Bill

Background
The Human Sexual Rights and Family Values Bill proposes harsher penalties for same-sex activities, increasing the maximum sentence from three to five years in prison. It also broadens the scope for criminal charges against individuals who identify as LGBT, queer, pansexual, or any other non-conventional gender identity, as well as their allies. Moreover, the bill seeks to punish those providing support, funding, or public advocacy for sexual and gender minority rights.

Introduced by Members of Parliament in 2021, the bill also extends criminal charges to those using social media platforms to produce, publish, or disseminate content that promotes activities prohibited by the bill. Commonly referred to as the “anti-gay bill,” it has sparked significant controversy and debate across the country.

On Tuesday, October 8, supporters of the bill protested the delays in its final approval, demanding immediate action from the president to sign the bill, which was passed by Parliament on February 28, 2024, but has since been stalled.

The protest emphasized the extended delay in the bill’s implementation, citing a Supreme Court ruling on July 17, 2024, which postponed judgments on cases challenging the bill until all associated legal matters were resolved. This postponement has left the bill’s supporters increasingly anxious.

Proponents of the Family Values Bill have:

1. Criticized the delay in passing the bill into law.
2. Emphasized that the bill reflects the will of the Ghanaian people, as demonstrated by its parliamentary approval.
3. Argued that further delays undermine the legislative process, urging the Chief Justice of Ghana to expedite the case if necessary.
4. Called on the judiciary to prioritize the matter to allow the bill to be signed into law, highlighting the importance of resolving the issue promptly to uphold the nation’s values.

Why the Supreme Court is Right to Delay Its Ruling

The Supreme Court of Ghana’s decision to delay its ruling on the Family Values Bill reflects the complex interplay between legal considerations, human rights, and societal values.

1. The Complexity of the Case
   The bill has been challenged on the grounds that it violates constitutionally protected rights to privacy and personal liberties, rights that are also recognized under international law, regardless of sexual orientation. Ghana’s constitution ensures respect for human dignity, the protection of personal liberty, and the right to privacy for all individuals.

The Family Values Bill raises profound constitutional questions, particularly regarding the interpretation of human rights provisions. Its proposed restrictions on LGBTQ+ rights challenge fundamental principles of personal liberty, privacy, and equality. The Supreme Court must carefully examine these issues to ensure that its ruling is based on sound legal reasoning and respects the principles of justice.

2. Multiple Parties and Diverse Perspectives
   The cases challenging the Family Values Bill involve a diverse range of parties, including individuals, organizations, and the government, each with unique perspectives and interests. The court must consider the arguments and evidence presented by all parties to ensure a fair and balanced decision.
3. The Importance of Legal Research
   The bill raises complex legal questions that require thorough research and analysis. The court must review relevant laws, case precedents, and international human rights standards to ensure that its decision is grounded in sound legal principles. While time-consuming, this process is essential to delivering a just and equitable outcome.
4. The Burden on the Judiciary
   The Supreme Court of Ghana faces a heavy workload, with numerous cases pending. The delay in ruling on the Family Values Bill may partly be due to the court’s need to prioritize other urgent matters. However, the significance of this case requires careful consideration, even if it means delaying other proceedings.
5. Balancing Public Pressure and Judicial Independence
   LGBTQ+ rights are a highly sensitive issue in Ghana, and the Supreme Court may be aware of the public pressure surrounding the Family Values Bill. However, it is crucial that the court remains independent and objective in its decision-making. The court must resist the temptation to rush to judgment based on public opinion and instead focus on the legal merits of the case.

The Road Ahead
The outcome of the Supreme Court’s decision on the Family Values Bill will have far-reaching consequences for millions of Ghanaians. If the bill is upheld, it will further marginalize LGBTQ+ individuals and create a climate of fear and discrimination. Conversely, if the court strikes down the bill, it could pave the way for greater recognition and acceptance of LGBTQ+ rights in Ghana.

The Supreme Court’s decision is a critical moment for Ghana. It will test the country’s commitment to human rights, equality, and the rule of law. The ruling will have a lasting impact on the lives of LGBTQ+ individuals and the future of Ghana’s democracy.