LANDMARK RULING: Botswana reform: Laws that criminalise same-sex relations ‘don’t work in a constitutional democracy’ By Karabo Mafolo
could be imprisoned for having sex with another man.One of the arguments the state made was thated; rather it is certain sexual actskey thing is if rights are violated, the state needs to explain why and they basically said we don’t want these because of public opinions,” said Anneke Meerkotter, litigating director at the Southern African Litigation Centre.
Section 164 was ruled as unconstitutional. “It’s an important trend that states are realising that these laws aren’t appropriate. These laws don’t work in a constitutional democracy,” said Meerkotter.Sexual orientation is innate to a human being. It is not a fashion statement or posture.
At the time, the court ruled that the majority of the population was not open to living in a country where same-sex relationships
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