| Part of the LGBTQ rights series |
 LGBTQportal |
Nigeria does not recognize same-sex marriages or civil unions. 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). [a] 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 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. Male ìyá ṣàngó would dress in "women's clothing, cosmetics, and jewelry and sport women's coiffures when they [were] going to be possessed". [9] [10] In Hausa culture, there are men who exhibit feminine traits and are sexually attracted or intimate with other men, known as ƴan daudu (Hausa: [j̰ándáudùː] ). [11] 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 ƴan daudu has increased in recent years, which many ƴan daudu attribute to increased religiosity among the Hausa people. [12] 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" (Igbo : nwunye ọkpọrọ) to increase her economic status and perpetuate her inheritance and family lineage. Offspring from a female same-sex marriage (alụmalụ nwaanyị na nwaanyị) guarantee the female "husband" economic standing by "maintaining her rights to occupy property which is inherited by her children". [13] Female same-sex marriages are also practiced among the Yoruba, Nupe and Ijaw peoples, [10] and predate the arrival of Roman Catholic and Anglican missionaries to Nigeria in the 19th century. [14] [15] However, this traditional practice has gradually disappeared due to the influence of Christian churches, and polling suggests that most women now disapprove of the institution. [13]
A case, Mr. Teriah Joseph Ebah v. Federal Republic of Nigeria, challenging the constitutionality of the law was dismissed by the Federal High Court in October 2014 for lack of standing. [16] 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". [17] 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." [18] 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 dismissed the case for lack of evidence in October 2020. [19] 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. [20]
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. [21] 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. [22] They were released on bail the following month. [23] In October 2023, 76 people were arrested in Gombe State on suspicion of planning a same-sex wedding. [24] [25]
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. [26] However, the Catholic Church in Nigeria criticized the declaration and many Nigerian clerics said they would not bless same-sex couples. [27] [28] [29] 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." [30]
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. [31]
A September–October 2016 survey by the Varkey Foundation found that 16% of 18–21-year-olds supported same-sex marriage in Nigeria. [32]
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. [33]
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 1.5 billion people. The most recent jurisdictions to legalize same-sex marriage are Greece and Aruba and Curaçao in the Netherlands. Two more countries, Liechtenstein and Thailand, are set to begin performing same-sex marriages in January 2025.
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.
Lesbian, gay, bisexual, and transgender (LGBTQ) people in Ghana face severe challenges not experienced by non-LGBTQ residents. Sexual acts between males have been illegal as "unnatural carnal knowledge" in Ghana since the colonial era. The majority of Ghana's population hold anti-LGBTQ sentiments. Physical and violent homophobic attacks against LGBTQ people occur, and are often encouraged by the media and religious and political leaders. At times, government officials, such as police, engage in such acts of violence. Young gay people are known to be disowned by their families and communities and evicted from their homes. Families often seek conversion therapy from religious groups when same-sex orientation or non-conforming gender identity is disclosed; such "therapy" is reported to be commonly administered in abusive and inhumane settings.
Same-sex marriage has been legal in New Zealand since 19 August 2013. A bill for legalisation was passed by the House of Representatives on 17 April 2013 by 77 votes to 44 and received royal assent on 19 April. It entered into force on 19 August, to allow time for the Department of Internal Affairs to make the necessary changes for marriage licensing and related documentation. New Zealand was the first country in Oceania, the fourth in the Southern Hemisphere, and the fifteenth in the world to allow same-sex couples to marry. Civil unions have also been available for both same-sex and opposite-sex couples since 2005.
Lesbian, gay, bisexual, and transgender (LGBT) people in Nigeria face severe challenges not experienced by non-LGBTQ residents. LGBT rights are generally infringed upon; both male and female expressions of homosexuality are illegal in Nigeria and punishable by up to 14 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 230 million people, split between a mainly Muslim north and a mainly 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.
The relationship between the Catholic Church and homosexuality is complex and often contentious, involving various conflicting views between the Catholic Church and some in the LGBTQ community. According to Catholic doctrine, solely having same-sex attractions itself is not considered inherently sinful; it is the act of engaging in sexual activity with someone of the same sex that is regarded as a grave sin against chastity. The Church also does not recognize nor perform any sacramental marriages between same-sex couples. However, the Catechism of the Catholic Church emphasizes that all same-sex individuals must "be accepted and treated with respect, compassion, and sensitivity," and that all forms of unjust discrimination should be discouraged and avoided at all cost.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Uganda face severe legal and social challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is illegal for both men and women in Uganda. It was originally criminalised by British colonial laws introduced when Uganda became a British protectorate, and these laws have been retained since the country gained its independence.
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.
Lesbian, gay, bisexual, and transgender (LGBTQ) people in Hong Kong may face legal challenges not experienced by non-LGBT residents.
Lesbian, gay, bisexual, and transgender (LGBT) people in Paraguay face legal challenges not experienced by non-LGBT residents. Both male and female types of same-sex sexual activity are legal in Paraguay, but same-sex couples and households headed by same-sex couples are not eligible for all of the same legal protections available to opposite-sex married couples. Paraguay remains one of the few conservative countries in South America regarding LGBT rights.
The state of Washington is seen as one of the most progressive states in the U.S. in regard to lesbian, gay, bisexual, transgender and queer (LGBTQ) rights; with jurisprudence having evolved significantly since the late 20th century. Same-sex sexual activity was legalized in 1976. LGBTQ 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.
Same-sex marriage is not legal in Namibia. On 16 May 2023, the Supreme Court ruled 4–1 that same-sex marriages concluded outside of Namibia should be recognised for residency purposes. A bill seeking to overturn the ruling has passed the Parliament of Namibia and awaits President Nangolo Mbumba's signature.
Angola does not recognize same-sex marriages or civil unions. The Family Code of Angola recognizes de facto unions but only for opposite-sex couples and bans same-sex marriage.
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 in someway or the other may have influenced African socio-cultural practices invariably leading to a shift in power relations, societal expectations, gender-roles expressions or even identities. 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.
Botswana does not recognize same-sex marriages or civil unions. The Marriage Act, 2001 does not provide for the recognition of same-sex unions.
Eswatini does not recognise same-sex marriages or civil unions. The Marriage Act, 1964 does not provide for the recognition of same-sex unions.
Status of same-sex unions around the world | ||
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| Africa |  | |
| Americas | ||
| Asia | ||
| Europe |
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| Oceania |
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| Antarctica |
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