– In a groundbreaking ruling, Namibia’s Supreme Court has declared its recognition of same-sex marriages contracted abroad between Namibian citizens and foreign spouses. The court’s decision marks a significant departure from last year’s ruling by the High Court, which refused to acknowledge same-sex marriages conducted outside of Namibia.
A group of LGBTQ activists gathered outside Namibia’s Supreme Court on Tuesday, where justices voted 4 to 1 in favor of recognizing the validity of marriages between Namibians and foreign nationals in foreign jurisdictions. Judge JA Mainga dissented, citing Namibian law’s lack of recognition for same-sex relationships. However, the remaining four judges asserted that the failure to recognize same-sex couples infringes upon their rights to dignity and equality.
Carli Schickerling, legal counsel for the two same-sex couples who appealed against the High Court’s previous decision, expressed her elation. After a six-year battle, she stated, “Today, we finally won, and the court has ruled that the Ministry of Home Affairs must recognize these marriages between foreign spouses and Namibian spouses.”
Over the past few months, Namibia’s Supreme Court has heard similar cases addressing homosexuality-related issues. One case involves Friedel Dausab, a Namibian citizen who seeks the repeal of an anti-sodomy law. Another case, which was dismissed in March, involved a Mexican national and his Namibian partner, who requested Namibian citizenship for their child conceived through surrogacy in South Africa.
Speaking outside the Supreme Court on Tuesday, Guillermo Delgado, the Mexican national in the latter case, expressed his satisfaction. He remarked that their case shares similarities with the recent ruling, representing a direct victory for the recognition of their marriage and dependents.
Linda Baumann from the Diverse Women’s Organization highlighted the significance of this judgment for homosexual couples, stating that it would grant them access to the same services as heterosexual couples. She offered examples, such as the ability for a lesbian woman to bequeath her estate to her same-sex partner or purchase a house together. However, Baumann cautioned that the ruling is just a first step and emphasized the ongoing challenges faced by LGBTQ individuals in achieving equality and dignity in various spheres of society.
While more than 30 African countries have laws prohibiting same-sex relationships, Namibia, along with Botswana and South Africa, has taken a different stance. Presently, many gay Namibian couples choose to marry in South Africa. With the recent ruling, activists are raising the question of whether same-sex couples should have the right to marry within Namibia as well.
Namibia’s Supreme Court’s recognition of same-sex marriages conducted abroad between Namibians and foreign spouses represents a landmark ruling in a country where homosexuality remains illegal. This decision overturns last year’s ruling by the High Court, marking a significant step towards the protection and acknowledgment of the rights of same-sex couples in Namibia.
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