Section 164 of the Southern African nation’s Penal Code criminalized same-sex relations, carrying a possible seven-year prison sentence. In 2019, Botswana’s High Court struck down the law as unconstitutional. Writing for the court, Judge Michael Leburu stated, “Human dignity is harmed when minority groups are marginalized. Sexual orientation is not a fashion statement.
It is an important attribute of one’s personality…Personal autonomy on matters of sexual preference and choice must, therefore, be respected. Any criminalization of love or finding fulfillment in love dilutes compassion and tolerance.” Although the government appealed, the ruling was upheld in 2021, rendering the law unenforceable. Now, Attorney General Dick Bayford has formally amended the Penal Code. The remaining portion of Section 164 now applies only to bestiality.
In Botswana, LGBTQ+ individuals can serve in the military, are protected from job discrimination, and transgender people can update their legal gender markers. Currently, a same-sex couple is challenging the government for marriage equality rights. Botswana seems to be taking gradual steps towards inclusivity and LGBTQ+ freedom.
