Botswana’s Same-Sex Marriage Case Set for July Hearings, Could Make Nation Second in Africa to Legalize

TL;DR: Botswana’s High Court will hear arguments on July 14 and 15 on a lawsuit seeking to legalise same‑sex marriage. A win would make the country the second in Africa to allow such unions, after South Africa’s 2006 ruling.

After meeting at a Pride event in October 2023 and moving in together, the couple visited a government office to register their intent to marry and were told the law does not permit same‑sex unions.

Botswana decriminalised same‑sex relations in 2019 when the High Court struck down a colonial‑era ban; the decision was affirmed on appeal in 2021, yet the Marriage Act still defines marriage as between a man and a woman.

If the plaintiffs succeed, Botswana would become the second African nation to legalise same‑sex marriage, following South Africa’s landmark 2006 decision.

According to Afrobarometer surveys, the share of Batswana who say they would either like or not mind having gay neighbours fell from 50 % in 2021 to 41 % in 2024.

The case has drawn attention from regional activists, who note that only South Africa currently allows same‑sex marriage on the continent.

The Attorney General’s office counters that the Marriage Act explicitly limits marriage to a bride and bridegroom or husband and wife, leaving no room for same‑sex unions.

Traditional and religious organisations have entered the fray. The Dingwetsi Association, a women’s group promoting heterosexual marriage, says it will join the case to protect what it calls cultural values.

The Botswana House of Prayer and Transformation has labelled same‑sex rights a "satanic sect," reflecting broader opposition from faith communities that represent about 80 % of the population.

Legabibo, an LGBTQ+ rights group, is running the "Lorato Ke Lorato" (Love Is Love) campaign to shift public attitudes, emphasizing that they seek equal treatment rather than special privileges.

Despite the 2019 decriminalisation, surveys indicate a decline in social acceptance, suggesting that legal change may outpace shifts in public opinion.

A ruling in favour of the plaintiffs could inspire similar challenges across southern Africa, while a dismissal would reinforce the existing legal barrier and likely fuel further advocacy efforts.