The Supreme Court has scheduled a December 18th hearing to determine the constitutionality of the Human and Sexual Rights and Family Values Bill, commonly referred to as the anti-gay bill, in response to two lawsuits.
Justice Avril Lovelace Johnson, presiding over a seven-member panel, granted an amendment to the plaintiff’s statement of case and set December 18th as the date for the Supreme Court’s ruling.
The court ordered the Speaker of Parliament and the Attorney-General to file their response to the amended statement of case by November 27th.
The panel also includes Justices Henrietta Mensa-Bonsu, Barbara Ackah-Yensu, Samuel Asiedu, Ernest Gaewu, Yaw Asare Darko, and Richard Adjei-Frimpong.
Separate legal actions challenging the constitutionality of the bill were initiated by Mr. Richard Sky and Dr. Amanda Odoi.
Subsequent to the enactment of the Human and Sexual Rights and Family Values Bill by Parliament on February 28th of this year, legal action was initiated.
Mr. Sky contends that, at the time of its passage, Parliament failed to meet the quorum requirements stipulated in Articles 102 and 104 of the Constitution.
Dr. Odoi’s case alleges a violation of the Constitution by the Speaker of Parliament and Parliament as a whole.
According to Dr. Odoi, the Speaker of Parliament contravened Article 108 of the 1992 Constitution by neglecting to provide an opinion regarding the bill’s potential financial implications for the Consolidated Fund.
BILL
Upon presidential assent, the bill, which received overwhelming support in Parliament, will mandate a minimum three-year and maximum five-year prison sentence for individuals engaging in or promoting homosexual activities.
The bill proscribes and criminalizes the advocacy for, and provision of funding to, lesbian, gay, bisexual, transgender, and intersex persons and organizations.
Following parliamentary passage and transmission to the presidency for assent, the bill was rejected on the grounds of a pending Supreme Court challenge to its legality.
Sam George, a co-sponsor of the bill and leader of a recent protest, accused Chief Justice Gertrude Torkornoo of deliberately delaying the court hearing.
