Botswana's High Court unanimously rules to overturn law criminalizing homosexuality

Activists celebrate outside Botswana's High Court.
(Image credit: TSHEKISO TEBALO/AFP/Getty Images)

The LGBTQ movement in Botswana just scored a major victory — the country's High Court unanimously overturned a law criminalizing same-sex relations on Tuesday.

"A democratic society is one that embraces tolerance, diversity, and open-mindedness," Justice Michael Leburu said. "Societal inclusion is central to ending poverty and fostering shared prosperity."

Before the ruling, Botswana's penal code carried a maximum sentence of seven years imprisonment for "carnal knowledge of any person against the order of nature" and maximum 2-year sentence for "acts of gross indecency" in public or private, reports CNN. But Letsweletse Motshidiemang, a 21-year-old student at the University of Botswana, brought a case to court in March, arguing that homosexuality was more widely accepted in a changed society. Many agreed; the packed court erupted into cheers after the ruling was announced.

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Neela Ghoshal, a senior researcher for Human Rights Watch, told CNN that the ruling sets a "powerful precedent" for LGBTQ rights on the African continent, though Kenya did recently uphold its laws criminalizing homosexuality.

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Tim O'Donnell

Tim is a staff writer at The Week and has contributed to Bedford and Bowery and The New York Transatlantic. He is a graduate of Occidental College and NYU's journalism school. Tim enjoys writing about baseball, Europe, and extinct megafauna. He lives in New York City.