This ruling holds symbolic value for the LGBTQIA+ community, considering that Namibia, like many African countries, does not currently recognize same-sex marriage. Homosexuality itself is still deemed illegal under an outdated sodomy law from 1927, although enforcement is rare. Despite this legal backdrop, LGBTQIA+ associations, such as Sister Namibia, have the freedom to operate and advocate for their rights.
Prior to this ruling, Namibian law allowed spouses of Namibian citizens, but only in opposite-sex marriages, to work and reside without a permit. However, homosexual spouses were required to regularly renew their visas. With the recent Supreme Court decision, same-sex couples now enjoy the same rights as their heterosexual counterparts. This ruling may have broader implications and potentially set a precedent, as previous court cases had generally rejected the recognition of same-sex couples' rights. In fact, the Supreme Court's decision favored two homosexual couples, each comprising a Namibian citizen and a foreign national, who had previously lost their case. At that time, the court had refused to acknowledge the residency rights of these homosexual spouses. The recent ruling deemed the Ministry of Home Affairs' stance violating individuals' constitutional rights to equality and dignity.
Despite this historic breakthrough, LGBTQIA+ activists in Namibia remain vigilant and committed to their cause. Less than a week after the landmark decision, the same Supreme Court overturned a ruling (on May 22, 2023) that had granted Namibian nationality to a child born to a same-sex couple (one Namibian citizen and one Mexican national). Initially, the Ministry of Home Affairs had refused to grant the child nationality, but the High Court later approved it in 2021. The government appealed, citing non-compliance with birth registration deadlines, and the Supreme Court ultimately overturned the High Court's decision based on non-compliance with the Citizenship Act.
While Namibia's recognition of same-sex marriages contracted abroad represents progress, it also highlights the ongoing challenges and hurdles faced by LGBTQIA+ individuals and their families. The struggle for equal rights and acceptance continues, with activists striving for comprehensive legal protections and societal acceptance.
Recognition of same-sex marriage: Progress and current status
What is the situation in other countries regarding recognizing same-sex marriage? While the LGBTQIA+ cause has gained significant attention, concrete progress in this area remains limited, with most countries still prohibiting same-sex marriage.
Europe as a pioneer
Europe has been at the forefront of recognizing same-sex marriage, with many countries legalizing it and acknowledging same-sex marriages contracted abroad. The movement began in the Netherlands, the first country to legalize same-sex marriage in 2001. Following its lead, 15 European countries embraced same-sex marriage: Belgium, Spain, Norway, Portugal, Iceland, Liechtenstein, Denmark, Sweden, the UK, France, Luxembourg, Finland, Malta, Germany, and Austria. Switzerland and Slovenia joined this list in July 2022, with Slovenia notably becoming the first Eastern European country to allow same-sex marriage and adoption. Other European countries recognize civil unions, including Hungary, Cyprus, Croatia, the Czech Republic, Estonia, Greece, and Italy.
Advancements in LGBTQIA+ Rights in the Americas and Oceania
In North America, Canada legalized same-sex marriage in 2005, followed by the United States in 2015. In Canada, same-sex couples are also allowed to adopt and pursue medically assisted procreation and surrogate motherhood. Latin America has also seen progress in this area, with Argentina becoming the first country in the region to authorize same-sex marriage in 2010. Uruguay, Brazil, Colombia, Ecuador, Costa Rica, and Chile have since followed suit. In Mexico, same-sex marriage is permitted in Mexico City and 26 other states. Cuba recently held a referendum in September 2022, addressing issues such as same-sex marriage, transsexuality, surrogacy and adoption by homosexual couples, with the "yes" vote prevailing despite a low turnout.
In Oceania, New Zealand (2013) and Australia (2017) have legalized same-sex marriage and adoption by same-sex couples.
Slow progress in Asia
Taiwan is a pioneer in Asia, the first and currently the only Asian country to legalize same-sex marriage in 2019. India also took a step towards LGBTQIA+ rights by decriminalizing homosexuality a year earlier. China, Cambodia, Laos, Vietnam, and Singapore have followed suit in decriminalization. In June 2022, the Thai Parliament introduced a law allowing same-sex marriage, marking a positive step acknowledged by the LGBTQIA+ community. However, they highlight that despite Thailand's international image of openness, discrimination against homosexuals persists. The Philippines, predominantly Catholic, has not legalized same-sex marriage, but the Supreme Court stated that the Constitution does not restrict marriage based on sexual orientation or gender identity, suggesting that the matter could be addressed by Congress.
While progress has been made in different parts of the world, the recognition of same-sex marriage remains a complex and evolving issue, with ongoing efforts to ensure equal rights and societal acceptance for the LGBTQIA+ community.
Countries where homosexuality remains forbidden
In certain countries, homosexuality is still considered illegal and subjected to severe penalties. In Russia, while homosexuality is no longer classified as a crime or a mental illness, a 2013 law prohibits any form of "homosexual propaganda" targeted at minors, punishable by fines and imprisonment. Hungary has also implemented similar legislation, making it illegal to discuss homosexuality in front of minors.
In the Middle East and Africa, same-sex marriage is widely considered a criminal offense. Countries like Iran, the United Arab Emirates, and Saudi Arabia even impose the death penalty for homosexuality. Lebanon demonstrates relatively more tolerance, while Israel allows same-sex marriage only if contracted abroad. However, Israel has legalized adoption and gestational surrogacy for same-sex couples.
In Africa, approximately thirty countries have laws prohibiting homosexuality. For example, Sudan, Somalia, and Mauritania impose the death penalty for engaging in same-sex relationships. On the other hand, some countries have decriminalized homosexuality, such as Cape Verde, Mali, the Democratic Republic of Congo, Angola, and Seychelles. South Africa stands as an exception, having legalized same-sex marriage in 2006, along with permitting assisted reproduction and adoption for same-sex couples.
Advancements in gender recognition: Non-binary passports
Another significant achievement for non-binary individuals was celebrated on May 17, the International Day against Homophobia, Biphobia, and Transphobia. Mexico issued its first non-binary passport, symbolizing inclusivity and equal rights. These gender-neutral passports will gradually be made available at Mexican embassies worldwide. The inaugural non-binary passport was granted during a ceremony attended by representatives from the Ministry of Foreign Affairs, as well as notable political figures like Salma Luévano Luna, an LGBT activist and one of Mexico's first transgender women politicians.
Several other countries already offer gender-neutral passports, including the USA, Canada, Colombia, Argentina, Ireland, Iceland, Australia, Nepal, the Netherlands, Pakistan, and New Zealand. These countries provide the option to select "X" for "neuter" instead of the traditional "F" for feminine or "M" for masculine. Germany and India allow this option, albeit with the requirement of a medical certificate. In Malta, individuals must take an oath before a notary to obtain a gender-neutral passport.
However, gender-neutral passports remain uncommon. On Tuesday, January 31, the European Court of Human Rights (ECHR) issued a ruling that upheld France's stance against recognizing a "neutral" gender on official documents. According to the ECHR, the recognition of non-binary statuses should be left to individual countries. While France acknowledges the "suffering" and "anxiety" of the plaintiff, who was born without male or female reproductive organs, it argues that fulfilling the request would require amending its domestic laws. For advocates of non-binary rights and LGBTQ+ activists, the battle for recognition continues.
