The Ghanaian Supreme Court on Wednesday dismissed challenges to a bill that would further criminalize LGBTQ+ people and penalize allyship.

Lawmakers on Feb. 28 approved the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill. Two lawyers, Amanda Odoi and Richard Sky, challenged it.

Outgoing President Nana Akufo-Addo had previously said he would not sign the bill into law until the Supreme Court issued its ruling. His successor, President-elect John Dramani Mahama, will take office on Jan. 7.

Secretary of State Antony Blinken on Dec. 10 honored Ebenezer Peegah, executive director of Rightify Ghana, a Ghanaian LGBTQ+ advocacy group, and six other human rights activists from around the world during a ceremony at the State Department.

Blinken noted the pending Supreme Court ruling — and discrimination and violence that LGBTQ+ Ghanaians continue to face — before he presented Peegah with the Secretary of State’s Human Rights Defender Award.

“In Ghana, vigilante groups use social media platforms to organize mobs to attack LGBTQI+ people, as well as to entrap, to blackmail, to harass them,” said Blinken. “As these attacks increase, Ghana’s Supreme Court is considering legislation that would criminalize people for identifying as LGBTQI+, as well as threaten Ghanaians’ constitutionally protected freedoms of speech, press, and assembly.”  

Former Ghanaian President John Dramani Mahama from the opposition National Democratic Congress has won Saturday’s general elections, defeating current Vice President Mahamudu Bawumia of the New Patriotic Party.

The NDC before the election had pledged its support for the Human Sexual Rights and Family Values Bill, which would further criminalize LGBTQ+ people and those who support them.

The bill, which MPs approved in February, has yet to be signed by outgoing President Nana Akufo-Addo because of a ruling the Supreme Court is expected to issue on Dec. 18. Richard Dela Sky, a journalist and private lawyer, challenged the law in March.

The NDC, NPP and other parties used recognition of LGBTQ+ rights to persuade Ghanaians to vote for them. Mahama during a BBC interview last week said LGBTQ+ rights are against African culture and religious doctrine.

Berinyuy Hans Burinyuy, LGBT+ Rights Ghana’s director for communications, said homophobic attacks and public demonstrations increased during the campaign.

“The passage of the Human Sexual Rights and Family Values Bill into law will institutionalize State-sanctioned discrimination and violence against LGBTQ+ individuals, leaving little to no legal recourse for those affected,” said Burinyuy. “The climate of fear and uncertainty that has gripped Ghana’s LGBTQ+ community cannot be overstated.”

“While the political atmosphere remains hostile, there is still hope that the Supreme Court will rule in favor of human rights and constitutional protections,” added Burinyuy. “Should the court strike down the bill, it will be a significant victory for LGBTQ+ rights and a blow to the growing wave of homophobia that has swept the country.”

Awo Dufie, an intersex person and cross-dresser, said the LGBTQ+ community is going to be at increased risk under the NDC-led government because it supports anti-LGBTQ+ rhetoric.

“Mahama supported the anti-LGBT bill as well as the arrest and prosecution of human rights defenders,” noted Dufie. “Politicizing queer rights as a distraction actually started under Atta Mills (the-late president of Ghana) and the NDC government in 2011, and it was an NDC MP (Sam George) who furthered this in 2021 vocalizing support for the anti-LGBT bill.”

Dufie added Ghanaians “voted out a worse corrupt government who had no respect for human rights, and brought in a former corrupt president who has also promised to not respect human rights.”

Activism Ghana, another LGBTQ+ rights group, said the attacks against LGBTQ+ Ghanaians are a series of political ploys designed to win votes as opposed to accelerating development.

“Hate the gays, win the votes, and when they win and fail to deliver development and prosperity, they scapegoat the gays to take away attention from real problems,” said Activism Ghana.

Secretary of State Antony Blinken on Monday congratulated Mahama’s election, and noted Naana Jane Opoku-Agyemang will become the country’s first female vice president.

“The United States commends the Electoral Commission, its hundreds of thousands of poll workers, civil society, and the country’s security forces, who helped ensure a peaceful and transparent process,” said Blinken in a statement. “We also applaud Vice President Mahamudu Bawumia for his gracious acceptance of the results.”

Mahama’s inauguration will take place on Jan. 7.

Advocacy groups continue to urge Akufo-Addo to veto the Human Sexual Rights and Family Values Bill or amend sections that further criminalize LGBTQ+ people and allies.