Namibia has officially banned the recognition of Same-sex marriages.
The Marriage Act of 2024, passed by Parliament and signed into law by President Nangolo Mbumba on 2 October 2024, was officially published in the Government Gazette on 30 December 2024.
The Act explicitly defines marriage as “a legal union between two persons of the opposite sex,” excluding recognition of “a marriage or marital union between persons of the same sex wherever concluded.”
This provision is widely perceived as a government attempt to overturn the landmark May 2023 Supreme Court ruling, which compelled the state to recognise same-sex marriages legally performed abroad.
The court’s decision had sparked significant backlash, including widespread protests and heightened anti-LGBTIQ+ rhetoric from politicians and religious leaders.
Under the new law, transgender individuals are also denied marriage rights, as the Act narrowly defines “opposite sex” based on sex assigned at birth. Moreover, it imposes severe penalties for defiance: marriage officers who solemnise same-sex unions face up to four years in prison.
Although the government has yet to announce the law’s formal implementation date, LGBTIQ+ Namibians and human rights advocates have strongly criticised the Act, viewing it as a blatant violation of fundamental rights.
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Omar van Reenen, LGBTIQ+ activist and co-founder of Equal Namibia, expressed his opposition on X (formerly Twitter), calling the legislation unconstitutional and pledging to challenge it in court.
“Instead of enacting laws to alleviate poverty and house the 60% of Namibians living in shacks, President Mbumba’s legacy will be tarnished by endorsing state-sanctioned homophobia. This unconstitutional bill will be contested in court,” van Reenen stated.
The Pan Africa ILGA, an LGBTIQ+ advocacy organisation, also denounced the Act, describing it as a significant setback for human rights. In a statement, the organisation declared, “This legislation marks a major regression for LGBTIQ+ rights in Namibia, entrenching exclusionary policies and systemic discrimination. We stand with the Namibian LGBTIQ+ community in their continued fight for equality amidst growing legal and social exclusion.”
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