New marriage law excludes same-sex couples
A new marriage law in Namibia: courts open doors for queer couples, parliament closes them again.
On 30 December 2024, a law appeared in Namibia's Government Gazette that many in the country saw as a declaration of war. The new Marriage Act defines marriage exclusively as a union between two people "of the opposite sex". Same-sex marriages are not recognised, no matter where they were concluded.
It is precisely this addition that matters. In May 2023, the Supreme Court had ruled that same-sex marriages concluded abroad had to be recognised, at least for residence purposes. For binational couples, this was a breakthrough. The decision, however, provoked fierce opposition. Churches organised protests and collected tens of thousands of signatures, and politicians called for a correction by law.
President Nangolo Mbumba had already signed the new marriage law at the beginning of October 2024; with its publication it became official. It affects not only gay and lesbian couples. Because sex is determined strictly by the entry at birth, trans people are also excluded. Any registrar who nevertheless conducts a same-sex marriage risks up to four years in prison.
The reactions were clear. Activists called the law unconstitutional and announced that they would go to court. The organisation Pan Africa ILGA spoke of a serious setback. The Presidency countered that Namibia was an open and tolerant country and that the law merely reflected the traditions of the population.
The paradox behind it is remarkable. Only six months earlier, a court in Windhoek had struck down the colonial ban on sexual acts between men. Namibia was thus moving in two directions at once: the courts were opening doors, and parliament was closing them again. When the law would actually take effect remained unclear for the time being after its publication.