Consent, Privacy & Choice: See how Supreme Court answered 3 questions in homosexuality judgment
Published:
1 month ago
Source:
GhanaWeb
Three legal logics cited by Dr. Obiri Korang, a law lecturer, to invoke the powers of the Supreme Court of Ghana to legalize homosexuality and other forms of unnatural carnal sex were shot down one after the other by the court in the concurring opinion of Justice Yonny Kulendi. The law lecturer, after citing numerous foreign authorities, based his argument on the right to privacy, consent between adults, and freedom of choice, in so far as no one is forced into the act or is hurt as a result. The lawyer told the Supreme Court that "unnatural carnal knowledge" happens in a private context or place and is beyond the view of the public; hence it ought not to be criminal. Firstly, he argued that the constitutional protection of privacy under Article 18(2) should be extended to the act because the space in which it happens is not within the public domain and that the public is not in any danger by acts that are beyond the view of members of the public.