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Nigeria does not recognize same-sex marriages or civil unions for same-sex couples. Homosexuality among men is punishable with up to 14 years' imprisonment in Southern Nigeria and may result in capital punishment for men in areas under Sharia Islamic law in the northern part of the country. Individuals who "perform, witness, aid or abets" a same-sex marriage may face severe penalties.
On January 18, 2007, the Federal Executive Council proposed a bill prohibiting same-sex marriages and urged the National Assembly to pass it urgently. According to the Minister of Justice, Bayo Ojo, the bill was pushed by President Olusegun Obasanjo following the International Conference on AIDS and Sexually Transmitted Infections in Africa (ICASA) in Abuja in 2005. The bill would call for five years' imprisonment for anyone who "undergoes, performs, witnesses, aids, or abets" a same-sex marriage. It would also prohibit any display of a "same-sex amorous relationship" and adoption of children by gays or lesbians. [1] The bill received little to no opposition in Parliament. It would also prescribe five years' imprisonment for involvement in public advocacy or associations supporting the rights of lesbian and gay people, including a ban on any form of relationship with a gay person. [2]
In February 2006, the United States Department of State condemned the bill. In March 2006, 16 international human rights groups signed a letter condemning the law, calling it a violation of freedoms of expression, association and assembly guaranteed by international law as well as by the African Charter on Human and Peoples' Rights and a barrier to the struggle against the spread of HIV/AIDS. An estimated 3 million people live with HIV/AIDS in Nigeria. [3] The bill was not passed before the 2007 elections.
A similar draft bill was proposed in 2013. It states: "A person who registers, operates or participates in gay clubs, societies or organizations, or directly or indirectly makes public show of same-sex amorous relationship in Nigeria commits an offense and is liable on conviction to a term of 10 years." It passed Parliament with little opposition, [4] and was signed into law by President Goodluck Jonathan on January 7, 2014 as the Same Sex Marriage (Prohibition) Act 2013 (SSMPA). [lower-alpha 1] The law voids marriage contracts between people of the same sex and bans persons from "aiding and abetting" same-sex marriages. [7] [8]
Proponents of the legislation cited their Christian or Muslim faith and culture to support the law. Critics contended that local cultures did not explicitly forbid same-sex marriages and relations. For instance, an Ìyá Ṣàngó (Yoruba: [ì.jáʃã̀gó] ) is a female priestess of Shango, the deity of thunder and lightning in the Yoruba religion, who during trance possession is no longer viewed as a woman and is seen to marry Shango at the metaphysical level, becoming a man. [9] In Hausa culture, there are men who exhibit feminine traits and are sexually attracted or intimate with other men, known as ’yan daudu (Hausa: [j̰ándáudùː] ). [10] However, while these identities and behaviours may be placed on the LGBT spectrum, they differ from a Western perspective of same-sex relationships. Discrimination against the ’yan daudu has increased in recent years, which many ’yan daudu attribute to increased religiosity among the Hausa people. [11] Among the Igbo people, there are circumstances where a marriage between women is considered appropriate, such as when a woman has no child and her husband dies, and she takes a wife to perpetuate her inheritance and family lineage. This practice predates the arrival of Roman Catholic and Anglican missionaries to Nigeria in the 19th century. [12]
A case, Mr. Teriah Joseph Ebah v. Federal Republic of Nigeria, challenging the constitutionality of the law was dismissed in October 2014 for lack of standing. [13] In 2018, several LGBT activists said to their knowledge that the law had never been used to convict anyone in any same-sex marriage-related case. According to the activists, this is because the law is "incoherent", and many cases involving suspected LGBT persons lack proper evidence, making it "impossible for prosecutors to present a winnable case and prove that any crime has been committed". [14] Nevertheless, "because of this law, the police treat people in any way that they please. They torture, force people to confess, and when they hear about a gathering of men, they just head over to make arrests." [15] In 2018, a group of 47 men were arrested in Lagos for allegedly being "initiated into a gay club". The men said they were attending a birthday party. This case was widely seen as a test case on whether the law could be used to prosecute. Judge Rilwan Aikawa of the Federal High Court of Nigeria dismissed the case for lack of evidence in October 2020. [16] In October 2020, LGBT activists also used the End SARS protests in Nigeria to demand an end to marginalization of the LGBT community in Nigeria. [17]
The Kano State Hisbah Corps arrested 12 young men in January 2015 in Kano on suspicion of planning a same-sex wedding. The men denied it, saying they were planning a friend's birthday party. Similarly, the police force arrested 11 young women in 2018 on charges of planning a lesbian wedding. The women refuted the charges, saying they were celebrating the appointment of their dance club's president. In December 2022, 19 people were arrested on similar charges. None of these cases have resulted in a conviction. [18] In August 2023, 69 people were arrested in Warri for allegedly participating in a same-sex marriage. The police livestreamed the arrest on their Facebook page, a practice the Federal High Court had ruled illegal in 2022. [19] They were released on bail the following month. [20] In October 2023, 76 people were arrested in Gombe State on suspicion of planning a same-sex wedding. [21]
In December 2023, the Holy See published Fiducia supplicans , a declaration allowing Catholic priests to bless couples who are not considered to be married according to church teaching, including the blessing of same-sex couples. [22] However, the Catholic Church in Nigeria criticized the declaration and many Nigerian clerics said they would not bless same-sex couples. [23] [24] [25] The Catholic Bishops' Conference of Nigeria issued a statement on 20 December condemning the declaration and stating that "there is no possibility in the Church of blessing same-sex unions and activities. That would go against God's law, the teachings of the Church, the laws of our nation and the cultural sensibilities of our people." [26]
A 2015 opinion poll conducted by NOIPolls in partnership with the Initiative for Equal Rights and the Bisi Alimi Foundation showed that 87% of Nigerians supported the Same Sex Marriage (Prohibition) Act 2013. [27]
A September–October 2016 survey by the Varkey Foundation found that 16% of 18–21-year-olds supported same-sex marriage in Nigeria. [28]
A Pew Research Center poll conducted between February and May 2023 showed that 2% of Nigerians supported same-sex marriage, 97% were opposed and 1% did not know or refused to answer. Christians (97%) and Muslims (98%) were equally likely to oppose same-sex marriage. [29]
Same-sex marriage, also known as gay marriage, is the marriage of two people of the same legal sex. As of 2024, marriage between same-sex couples is legally performed and recognized in 36 countries, with a total population of 1.3 billion people. The most recent country to legalise same-sex marriage is Greece.
Same-sex marriage has been legal in Germany since 1 October 2017. A bill for the legalisation of same-sex marriage passed the Bundestag on 30 June 2017 and the Bundesrat on 7 July. It was signed into law on 20 July by President Frank-Walter Steinmeier and published in the Federal Law Gazette on 28 July 2017. Previously, the governing CDU/CSU had refused to legislate on the issue of same-sex marriage. In June 2017, Chancellor Angela Merkel unexpectedly said she hoped the matter would be put to a conscience vote. Consequently, other party leaders organised for a vote to be held in the last week of June during the final legislative session before summer recess. The Bundestag passed the legislation on 30 June by 393 votes to 226, and it went into force on 1 October. Germany was the first country in Central Europe, the fourteenth in Europe, and the 22nd in the world to allow same-sex couples to marry nationwide.
Same-sex marriage has been legal in South Africa since the Civil Union Act, 2006 came into force on 30 November 2006. The decision of the Constitutional Court in the case of Minister of Home Affairs v Fourie on 1 December 2005 extended the common-law definition of marriage to include same-sex spouses—as the Constitution of South Africa guarantees equal protection before the law to all citizens regardless of sexual orientation—and gave Parliament one year to rectify the inequality in the marriage statutes. On 14 November 2006, the National Assembly passed a law allowing same-sex couples to legally solemnise their union 229 to 41, which was subsequently approved by the National Council of Provinces on 28 November in a 36 to 11 vote, and the law came into effect two days later.
Same-sex marriage is legal in all parts of the United Kingdom. As marriage is a devolved legislative matter, different parts of the United Kingdom legalised at different times; it has been recognised and performed in England and Wales since March 2014, in Scotland since December 2014, and in Northern Ireland since January 2020. Civil partnerships, which offer most, but not all, of the rights and benefits of marriage, have been recognised since 2005. The United Kingdom was the 27th country in the world and the sixteenth in Europe to allow same-sex couples to marry nationwide.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Germany rank among the highest in the world and have evolved significantly over the course of the last decades. During the 1920s and the early 1930s, lesbian and gay people in Berlin were generally tolerated by society and many bars and clubs specifically pertaining to gay men were opened. Although same-sex sexual activity between men was already made illegal under Paragraph 175 by the German Empire in 1871, Nazi Germany extended these laws during World War II, which resulted in the persecution and deaths of thousands of homosexual citizens. The Nazi extensions were repealed in 1960 and same-sex sexual activity between men was decriminalized in both East and West Germany in 1968 and 1969, respectively.
Lesbian, gay, bisexual, and transgender (LGBT) people in Thailand have several but not all of the same rights as non-LGBT people. Both male and female types of same-sex sexual activity are legal in Thailand, and same-sex marriage rights within the nation are pending legalisation. About eight percent of the Thai population, five million people, are thought to be in the LGBT demographic.
Lesbian, gay, bisexual, and transgender (LGBT) people in Nigeria face severe challenges not experienced by non-LGBT residents. LGBT rights are generally infringed upon; both male and female expressions of homosexuality are illegal in Nigeria and punishable by up to 16 years of prison in the conventional court system. There is no legal protection for LGBT rights in Nigeria—a largely conservative country of more than 225 million people, split between a mainly Muslim north and a largely Christian south. Very few LGBT persons are open about their sexual orientation, as violence against them is frequent. According to PinkNews, Nigerian authorities generally target the LGBT community. Many LGBT Nigerians are fleeing to countries with progressive law to seek protection.
The legal status of same-sex marriage has changed in recent years in numerous jurisdictions around the world. The current trends and consensus of political authorities and religions throughout the world are summarized in this article.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Malta rank among the highest in the world. Throughout the late 20th and early 21st centuries, the rights of the LGBT community received more awareness and same-sex sexual activity was legalized on 29 January 1973. The prohibition was already dormant by the 1890s.
Lesbian, gay, bisexual, and transgender (LGBT) people in Norway have the same legal rights as non-LGBT people. In 1981, Norway became one of the first countries in the world to enact an anti-discrimination law explicitly including sexual orientation. Same-sex marriage, adoption, and assisted insemination treatments for lesbian couples have been legal since 2009. In 2016, Norway became the fourth country in Europe to pass a law allowing the change of legal sex for transgender people based on self-determination. On 1 January 2024, conversion therapy became legally banned within Norway.
The Catholic Church condemns same-sex sexual activity and denies the validity of same-sex marriage. While the Church opposes "unjust" discrimination against homosexual persons, it supports what it considers "just" discrimination in the employment of teachers or athletic coaches, in adoption, in the military and in housing. The Catechism of the Catholic Church promulgated by Pope John Paul II considers sexual activity between members of the same sex to be a grave sin against chastity and sees homosexual attraction as objectively disordered. However, the Catechism also states that homosexuals "must be accepted with respect, compassion, and sensitivity". This teaching has developed through papal interventions, and influenced by theologians, including the Church Fathers.
The Act to Make Provisions for the Prohibition of Relationship Between Persons of the Same Sex, Celebration of Marriage by Them, and for Other Matters Connected Therewith, also known as the Same Sex (Prohibition) Act 2006, was a controversial draft bill that was first put before the both houses of the National Assembly of Nigeria in early 2007. Seven years later, another draft was passed into legislation by president Goodluck Jonathan as the Same Sex Marriage (Prohibition) Act 2013.
Many views are held or have been expressed by religious organisation in relation to same-sex marriage. Arguments both in favor of and in opposition to same-sex marriage are often made on religious grounds and/or formulated in terms of religious doctrine. Although many of the world's religions are opposed to same-sex marriage, the number of religious denominations that are conducting same-sex marriages have been increasing since 2010. Religious views on same-sex marriage are closely related to religious views on homosexuality.
Lesbian, gay, bisexual, and transgender (LGBT) people in Hong Kong may face legal challenges not experienced by non-LGBT residents.
Ukraine does not recognize same-sex marriage or civil unions. The Constitution of Ukraine defines marriage as between "a woman and a man". The issue of legal recognition for same-sex couples has become particularly acute after the start of Ukraine's accession to the European Union in 2022 and the Russian large-scale invasion of Ukraine during the Russo-Ukrainian War.
Lesbian, gay, bisexual, and transgender (LGBT) rights in the U.S. state of Washington have evolved significantly since the late 20th century. Same-sex sexual activity was legalized in 1976. LGBT people are fully protected from discrimination in the areas of employment, housing and public accommodations; the state enacting comprehensive anti-discrimination legislation regarding sexual orientation and gender identity in 2006. Same-sex marriage has been legal since 2012, and same-sex couples are allowed to adopt. Conversion therapy on minors has also been illegal since 2018.
The major religions in Taiwan are Buddhism and Taoism. In these religions, the beliefs present no arguable issues about LGBTQ people. There are no laws about punishing sodomy, which means a sexual relationship between males is not considered an abomination, unlike in many western and Abrahamic religions. However, it was long considered a taboo issue. When human rights issues were discussed in political arenas, the concept of Tongzhi became a key term among the politicians in Taiwan. When it emerged in political forums, Taiwanese people began to become familiar with the idea that Tongzhi people being a part of their culture. Yet still, LGBTQ people were not mentioned in Taiwanese law. Punishment for being part of the LGBTQ community did not exist, yet there was also not any welfare or protection for LGBTQ people.
The Catholic Church has intervened in political discourses to enact legislative and constitutional provisions establishing marriage as the union of a man and a woman, resisting efforts by civil governments to establish either civil unions or same-sex marriage.
Hong Kong does not recognise same-sex marriages or civil unions. However, same-sex couples are afforded limited legal rights as a result of several court decisions, including the right to apply for a spousal visa, spousal benefits for the partners of government employees, and guardianship rights and joint custody of children.
The colonization of the West African region that lies across the Niger took place between the mid 19th century to 1960 when Nigeria became recognized as an independent nation. This systemic invasion introduced new social, economic, and political structures that significantly altered Indigenous notions of gender fluidity and gender roles. The imposition of Western ideologies and patriarchal systems impacted the pre-existing gender dynamics, leading to shifts in power relations, societal expectations, and individual identities and expressions, becoming a complex interplay between colonial influence and Indigenous cultural practices. European colonial powers introduced legal frameworks that often reinforced patriarchal structures and diminished the recognition of Indigenous practices that embraced gender diversity. The imposition of Western legal systems had lasting consequences, influencing inheritance laws, property rights, and marital practices. This not only marginalized women within the legal framework but also eroded the traditional roles of certain societies where women held significant economic and political power. The juxtaposition of colonial legal norms with Indigenous customs created tension and reshaped the social fabric, contributing to the evolving landscape of gender roles and fluidity in Nigerian cultures. This impact of colonial legal systems and educational structures interacted with the diverse cultural landscapes of Nigeria, affecting communities in distinct ways. The consequences of colonial impositions on legal frameworks and educational curricula were filtered through the lenses of diverse cultural contexts, shaping unique challenges and opportunities for different ethnic groups.
Status of same-sex unions around the world | ||
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| Antarctica |
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