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Namibia inherited a law banning sodomy and “unnatural offenses” when it gained independence from South Africa in 1990. While the ban was rarely enforced, activists said it contributed to discrimination against LGBTQ+ people, including violence by the police. “What threat does a gay man pose to society, and who must be protected against him?” the court said in its ruling. “We are of the firm view that the enforcement of private moral views of a section of a community , which are based to a large extent on nothing more than prejudice, cannot qualify as such a legitimate purpose.”
However, two high-profile court cases had driven a conservative backlash. In March 2023, the Supreme Court overturned a lower court’s decision to grant citizenship to the children of a gay couple born abroad via surrogacy. In May that year, the court also recognized same-sex marriages conducted abroad between Namibian citizens and foreign spouses.
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