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Namibia’s High Court has struck down the southern African country’s colonial-era laws that criminalized sexual acts between men. Continue reading “Namibia’s High Court Strikes Down Laws Criminalizing Being Gay”
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Kenya’s High Court has upheld the African country’s laws which criminalize homosexual behavior.
LGBTQ activists had argued the laws are discriminatory, lead to increased harassment of the LGBTQ community, and serve to discourage people from seeking HIV testing or treatment.
The plaintiffs involved in the case also said the laws violate the Kenyan Constitution which reads the “state shall not discriminate directly or indirectly against any person on any ground,” including sex.
The three-judge panel, however, ruled the British colonial-era laws are not discriminatory and told the packed courtroom of activists in Nairobi the petitioners had failed to provide “credible evidence” that the laws infringed their rights, reports Quartz.com.
The three laws in question, Sections 162 (a) and (c), 163 and 165 of the nation’s penal code, make it a felony to have “carnal knowledge of any person against the order of nature” or to commit “gross indecency.” The punishment for these crimes range from five to twenty-one years in prison.
The “carnal knowledge” offense is generally used to relate to oral and anal intercourse. While the law could apply to people of any gender, it’s primarily used to persecute gay men.
The “gross indecency” section pertains specifically to sexual acts between men.
Kenya’s High Court upheld a law that criminalizes gay sex and punishes it with up to 14 years in jail. It is one of 40+ countries that inherited British colonial anti-gay laws. pic.twitter.com/CO9Bf6MwPr— AJ+ (@ajplus) May 24, 2019
Of the more than 70 countries that outlaw homosexuality, nearly half are located in Africa.
A report in 2014 found the government of Kenya prosecuted 595 cases of homosexualitybetween 2010 and 2014.
A report from the Kenyan government shows 534 people were arrested for same-sex relationships between 2013 and 2017.
Today’s ruling comes as other countries, like Indiaand Trinidad and Tobago, have recently decriminalized homosexuality.
By a vote of 9-2, the Utah state House Judiciary Committee has approved new legislation that would require folks to disclose HIV/AIDS status or face criminal penalties.
House Bill 369 now heads to the full House for debate.
LGBT advocates and AIDS support groups worry that such legislation could discourage people from getting tested for HIV. Executive director of the LGBT rights group Equality Utah, Troy Williams worries that enacting statutes like HB369 were “starting down a path toward criminalizing people with HIV.”
But Republicans on the committee say there’s no reason status shouldn’t be disclosed by consenting adults. “To knowingly put another person at risk of harm to their body,” Rep. Kim Coleman, R-West Jordan, said. “Why should that not be a crime?”
At one point, a proposal was put forth that would include disclosing any sexually transmitted disease, but that amendment failed.
From the Advocate: A man in Nigeria was beaten by authorities this week for having had sex with another man seven years ago.
Mubarak Ibrahim, 20, was punished for retroactively violating a law that President Goodluck Jonathan signed earlier this month, which criminalizes homosexuality and bans same-sex marriages. While Ibrahim would have been a minor at the time, the BBC report did not disclose the terms under which he had sexual contact with another male.
In addition to 20 lashes, Ibrahim was also ordered to pay a fine of about $30.
According to the BBC, Ibrahim was whipped in the court with a animal skin smeared in oil. He screamed in pain as the lashes came down on his back in a packed courtroom.
He is one of several men who were arrested in the weeks leading up to the signage of the bill. Eleven men in total are facing death under Islamic law, and a 12th man, who is Christian, would be punished under secular law.