'Second-class citizens'? Namibia rules against gay couples
Namibia's High Court ruled on Thursday
against two gay couples fighting for recognition of their marriages, with the
judge saying she agreed with them but was bound by the nation's prohibition of
same-sex relations.
Like Namibia, many other African nations
still ban same-sex liaisons, with couples risking jail and public scorn.
Daniel Digashu and Johan Potgieter had
married in South Africa, and Anette Seiler-Lilles and Anita Seiler-Lilles in
Germany, but both couples now live in Namibia.
Digashu, a South African, and German-born
Anita Seiler-Lilles had applications for a work permit and residency denied
respectively based on their same-sex marital status.
In court, they argued that the word
"spouse" in Namibian immigration law should include same-sex couples
or the clause be declared unconstitutional.
Judge Hannelie Prinsloo said she agreed but
was bound by a more than 20-year-old Supreme Court ruling saying Namibia does
not recognize same-sex relationships. "Only the Supreme Court can correct
itself," she said, adding it was high time the constitution reflected
social reality.
Namibian-born Anette Seiler-Lilles said while
the decision was disappointing, it also gave hope things could change, and that
they would now discuss an appeal.
"It impacted us emotionally," she
said of the ordeal, adding that she and Anita, partners for over 20 years and
married for 18, felt discriminated against.
Ian Southey-Swartz, a Namibian citizen and
programme manager at the Open Society Foundations-Africa which backed the
couples, said he was devastated by the judgment.
"The current legal position has turned
me, and many others in my position, into second-class citizens, forced to
choose between our country and our family," he said in a statement.
The case marked the latest legal challenge
aimed at improving LGBTQ+ rights in Namibia.
In a verdict hailed as a big win for gay
couples, in October Namibian Phillip Luhl and husband Guillermo Delgado won
citizenship by descent for their son, born to a surrogate in South Africa in
2019.
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