Botswana legalizes homosexuality, striking down colonial-era laws




Botswana’s High Court ruled on Tuesday to overturn colonial-era laws that criminalized homosexuality, a decision hailed by activists as a significant step for gay rights on the African continent.

“Human dignity is harmed when minority groups are marginalized,” Judge Michael Leburu said as he delivered the judgment, adding that laws that banned gay sex were “discriminatory.”

Three judges voted unanimously to revoke the laws, which they said conflicted with Botswana’s Constitution.

“Sexual orientation is not a fashion statement,” Judge Leburu added. “It is an important attribute of one’s personality.”

The small courtroom in Gaborone, the capital, was packed with activists on Tuesday, some draped in the rainbow flag of the L.G.B.T. movement.

“It is a historical moment for us,” said Matlhogonolo Samsam, a spokeswoman for Lesbians, Gays and Bisexuals of Botswana, a gay rights group. “We are proud of our justice system for seeing the need to safeguard the rights of the L.G.B.T. community.”






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