The issue of same-sex marriage remains controversial and largely taboo in many African countries.
While there have been some positive developments in recent years, same-sex marriage is still illegal in most African countries, and there are few legal protections for LGBTQ+ individuals.
Here in Kenya, a recent Supreme court ruling upholding the registration of an LGBTQ NGO has been met with criticism and backlash with many highlighting that homosexuality is still illegal in the country.
On February 24, 2023, the Supreme Court ruled that denying LGBTQ members the right to register as an NGO was discriminatory. This came after a lower court decision in 2013 that barred the National Gay and Lesbian Human Rights Commission (NGLHRC) from registering in Kenya
In terms of legal recognition, South Africa is the only African country that has legalized same-sex marriage. In 2006, the country became the first in Africa to legalize same-sex marriage, and it has since been recognized as a leader in LGBTQ+ rights on the continent.
In some other African countries, there have been small steps towards recognizing same-sex relationships. For example, in 2019, Angola decriminalized homosexuality and removed language in its penal code that could be used to prosecute individuals for same-sex relationships. Additionally, in 2020, Gabon adopted a new penal code that decriminalized homosexuality. Other countries in the continent that have decriminalized homosexuality include, Lesotho in 2010, Mozambique in 2015, Seychelles in 2016 and Botswana in 2019.
In many other African countries, same-sex marriage is still illegal, and LGBTQ+ individuals face significant discrimination and persecution. In countries such as Nigeria, Uganda, and Tanzania, laws criminalizing homosexuality are still in place, and LGBTQ+ individuals face imprisonment, violence, and even death.
