On Friday, May 29, 2026, the Parliament of Ghana passed the Human Sexual Rights and Family Values Bill, commonly referred to as the anti-gay bill.
This legislative milestone marks the second time the House has passed the bill, following a previous passage in 2024 that did not receive presidential assent before the expiration of the 8th Parliament. To become law, the bill now requires the assent of President John Dramani Mahama.
What specific activities does the bill prohibit?
Section 3 of the bill outlines comprehensive prohibitions regarding sexual conduct and gender identity. The following activities are strictly outlawed under this legislation:
- Sexual Acts: Engaging in sexual intercourse with a person of the same sex, engaging in sexual intercourse with an animal, or participating in any pansexual activity.
- Marriage: Purporting to marry a person of the same sex, an animal, or an object. Additionally, knowingly marrying a person who has undergone sex or gender reassignment is prohibited, unless the procedure was to correct a biological abnormality such as intersex.
- Identity: Holding oneself out as a lesbian, gay, bisexual, transgender, transsexual, queer, pansexual, ally, or non-binary. It also prohibits any other sexual or gender identity contrary to the binary categories of male and female.
- Medical Procedures: Providing, participating in, or undergoing surgical procedures or other interventions intended to create a sexual category other than the one determined at birth, except for the correction of biological abnormalities.
What are the legal penalties for contravening these provisions?
Under Section 3(2) of the bill, any person who contravenes these prohibitions commits an offence. The penalties upon summary conviction include:
- Fines: A minimum fine of 750 penalty units and a maximum fine of 5,000 penalty units.
- Imprisonment: A jail term ranging from a minimum of two months to a maximum of three years.
- Combined Penalties: Offenders may be subject to both a fine and a term of imprisonment.
How does the bill define “sexual intercourse”?
Section 3(3) provides a specific legal definition for sexual intercourse regarding these prohibitions. It occurs when a person:
- Penetrates the anus or mouth of a person of the same sex using the penis or another device.
- Penetrates or stimulates the vagina or anus of a person of the same sex using an object or device.
- Penetrates the anus, mouth, vagina, or other bodily opening of an animal using the penis, object, or device.
- Allows the penetration of their own bodily openings by an animal for the purpose of sexual gratification.
For legal consistency, the bill specifies that Section 3 must be read in conjunction with subsection (2) of section 104 of the Criminal Offences Act, 1960 (Act 29).
Also Read: Parliament Passes Anti-LGBTQ, Human Sexual Rights and Family Values Bill
Source: ghananewspage.com

