Decriminalization of Homosexuality in Botswana Lauded by Global Justice Institute

FOR IMMEDIATE RELEASE

April 30th, 2026

The decriminalization of homosexuality in Botswana represents a significant shift in African law, marking a transition from colonial-era morality laws toward a system rooted in equitable human rights, securing the legal status of consensual same-sex relationships. The codes criminalizing homosexuality were ruled unconstitutional in 2019 and that ruling was upheld in 2021, and now, the language of homosexual criminalization has been removed from the penal code entirely. 

The judiciary’s reasoning for decriminalizing homosexuality was centered on the principles of dignity, liberty, and privacy. It ruled that it is not the state’s business to regulate the private, consensual activities of adults, noting that public prejudice, no matter how widespread, cannot justify the deprivation of fundamental rights.

Decriminalization reduces the stigma that often prevents LGBTQ+ individuals from accessing HIV/AIDS prevention and healthcare services.

This positive change may also have regional implications. As one of Africa’s most stable democracies, Botswana’s ruling sets a powerful precedent for other nations grappling with similar colonial legacies. And, most obviously and importantly, the decision will provide protection to Queer people.

By emphasizing that "a nation that does not take care of its minorities is a failed nation," the Botswana courts have redefined the country’s democratic character as one defined by pluralism and a commitment to equity. It has also been reported that a same-sex couple is now suing for marriage rights. 

However, according to African theologian Rev. Chantell Fortuin, there do remain some clauses of the Penal code that still pose a potential threat to the enjoyment of the rights to bodily autonomy and privacy by the LGBTQ+ persons, especially lesbian, bisexual and trans-diverse persons. With advocates in Botswana, we continue to advocate for any and all language that might limit the freedom of LGBTQ+ persons to be removed to ensure full protection of bodily autonomy and expressions.

The Global Justice Institute applauds the wisdom, compassion, and fairness of the Botswana ruling and we pray that the spirit of justice-love will spread across the African continent, and that it will change hearts and minds in the U.S. as well. The resurgence of LGBTQ discrimination in the U.S. is disturbing. Wherever fear of otherness and hatred of difference is promoted by religion, culture, or appeals to tradition, the divine power of love must be invoked and it’s healing properties applied to unjust systems.

Botswana is a light of hope to LGBTQ+ people all over the world right now and we ask the Source of all Light to bless all whose dignity is ignored or denied.

With joyful hearts,

The Global Justice Institute Council of Bishops

Rev. Pat Bumgardner, Founding Presiding Bishop

Auxiliary Bishops: Reverends Jim Merritt, Robert Griffin, and Durrell Watkins