Culture, morality and the law
| DOI | 10.1177/1358229115591403 |
| Published date | 01 December 2015 |
| Author | Adetoun Teslimat Adebanjo |
| Date | 01 December 2015 |
| Subject Matter | Articles |
Article
Culture, morality
and the law: Nigeria’s
anti-gay law in perspective
Adetoun Teslimat Adebanjo
Abstract
Nigeria’s Same Sex Marriage (Prohibition) Act was signed into law in January 2014,
leading to a hailstorm of reactions. This article examines the role that culture and
morality play in shaping Nigerian society and law, focusing on the enduring victimization
of the sexual minority. It examines the background to Nigeria’s anti-gay law, noting the
strong support of the Nigerian people for this law and the condemnation this action has
received from human rights groups and the international community. The article dis-
cusses Nigeria’s contravention of international human rights obligations as a result of its
stance on same-sex relationships, noting the existence in the country, prior to this law,
of previous laws criminalizing same-sex relationships. The article discusses the causative
effects of this law on Nigeria’s gay community and draws examples from other African
countries to show that Nigeria is not alone in its homophobic stance. The protection of
gay rights in South Africa as an exception is also discussed. The article postulates reasons
why the Same Sex Marriage (Prohibition) Act should be repealed or why, at least, a
compromise should be reached. It then concludes with suggestions on ways to uphold
the rights of the sexual minority in Nigeria.
Keywords
The Same Sex Marriage (Prohibition) Act 2013, anti-gay law, same-sex marriage,
homosexuality, Nigeria
Faculty of Law, University of the Free State, Bloemfontein, South Africa
Corresponding author:
Adetoun Teslimat Adebanjo, Faculty of Law, University of the Free State, 205 Nelson Mandela
Drive, Park West, Bloemfontein 9301, South Africa.
Email: toun.adebanjo@gmail.com
International Journalof
Discrimination and theLaw
2015, Vol. 15(4) 256–270
ªThe Author(s) 2015
Reprints and permission:
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DOI: 10.1177/1358229115591403
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