Namibia: Anti-Same-Sex Marriage Law Enacted

Activists have vowed to challenge a new law in Namibia that explicitly outlaws same-sex marriage and overturns a landmark LGBTIQ-affirming ruling by the Supreme Court.

The Marriage Act, 2024, passed by Parliament and signed by President Nangolo Mbumba on 2 October 2024, was officially published in the Government Gazette on 30 December 2024.

The Act explicitly limits the definition of marriage to “a legal union between two persons of the opposite sex.” It further states that “a marriage or marital union between persons of the same sex wherever concluded” is not recognised in Namibia.

This clause is widely seen as an attempt by the government to overturn the historic May 2023 Supreme Court ruling, which ordered the state to recognise same-sex marriages legally performed in other countries.

The court’s decision sparked widespread backlash, including protests and anti-LGBTIQ+ rhetoric from politicians and religious leaders.

Under the new Act, transgender Namibians are also excluded from marriage rights, as the law defines individuals of the “opposite sex” strictly by their sex assigned at birth.

The legislation imposes harsh penalties on officials who defy the law: marriage officers who solemnise same-sex unions can face imprisonment of up to four years.

Activists Condemn the Discriminatory Marriage Law

Although the government has not yet announced when the law will formally take effect, LGBTIQ+ Namibians and rights advocates have strongly condemned the legislation, viewing it as a blatant infringement on human rights.

Omar van Reenen, an LGBTIQ+ rights activist and co-founder of Equal Namibia, argued on X that the Act is unconstitutional and undertook to challenge it in court.

“Instead of enacting bills to alleviate poverty and ensure 60% of Namibians that live in shacks are housed, President Mbumba’s legacy will be tainted by bending to state-sanctioned homophobia and signing an unconstitutional bill into law. It will be challenged in court,” said van Reenen.

LGBTIQ+ advocacy organisation Pan Africa ILGA described the Marriage Act as a blow to the progress achieved through the 2023 Supreme Court ruling.

“This legislation marks a major setback for LGBTIQ+ rights in Namibia, reinforcing exclusionary policies and systemic discrimination,” the organisation said in a statement.

“At this time, we stand with the Namibian LGBTIQ+ community in their efforts to resist this regressive law and continue their fight for equality in the face of increasing legal and social exclusion,” it added.

Ruling Ending Same-Sex Intimacy Ban Also Challenged

The Namibian government is also fighting a historic June 2024 High Court ruling that declared the country’s ban on same-sex intimacy unconstitutional and invalid.

The state appealed the decision to the Supreme Court, further fuelling concerns about the erosion of LGBTIQ+ rights in Namibia.

Despite this, President Mbumba’s spokesperson Alfredo Hengari told the Namibian on Sunday that “Namibia is an open and tolerant country when it comes to the LGBTQ+ issues.”