Gay "Rights" is an afront to public interest

Human rights in its homely sense are the rights that a person enjoys because he/she is a human being. It is a fact that there is no out-and-out definition for what human rights are. What therefore happens in practice is that, these rights are guaranteed in the laws of most states with special reference to their culture, custom and norms. Notwithstanding, these rights enshrined must reflect some ‘minimum standards’ that civilised states accept. This means that, what is a human right in the United States or Denmark (which was the first country to legalise gay ‘rights’ in 1989) may not be the same conclusion in Ghana or Libya and vice-versa. For instance, while it is not a crime to attempt, abet or commit suicide in Europe today, the contrary is provided under our Criminal Code.[2] Over the past months, there has been agitation for the ‘legalization’ of gay ‘rights’ in Ghana, our motherland, for a simple reason that the position of our laws on it is discriminatory. This trite argument is most unfortunate. ‘No person can make lawful what the constitution says it is unlawful. No person can make unlawful what the constitution says it is lawful’.[3]

Every person in Ghana, whatever his race, place of origin, political opinion,colour,religion,creed or gender shall be entitled to the fundamental human rights and freedoms of the individual contained in this chapter but subject to the respect for the rights and freedoms of others and for public interest[4]. Our Criminal Code states in unambiguous terms that unnatural carnal knowledge is a criminal offence. It defines unnatural carnal knowledge as the sexual intercourse with a person in an unnatural manner or with an animal[5]. This is what Ghanaians have accepted since 1960 to be our moral guide and for the preservation of our customs and norms. If a sect is in the belief that it is against their rights, they should challenge this provision in a court of law and should stop the cheap ugly noise in our streets and the air waves.

‘It is (not) proper for the law to concern itself with what a man does in private unless it can be shown to be so contrary to the public good that the law ought to intervene……………’[6] The purported right is against the public interest of right thinking Ghanaians due to the following incontestable facts:

it is disastrous for the core principle of the good name Ghanaians are enjoying; gay relationships are immoral(the morality of right thinking members in society such as ours); it offends everything religion(as a Christian, that of Christianity) stands for; gay sex is unnatural(as stated by our code);

it is repulsive; marriage is an institution between a man and a woman(Genesis 2:24); same-sex will threaten the institution of marriage in Ghana; marriages are for the procreation and to enhance the continuation of human beings, but same-sex is contrary; marriage is naturally a heterosexual institution; and 10.worst of all, the practice is a deviation from what God requires of us as creatures.

Advocates of gay marriage have unsuccessfully advanced various arguments to counter the above human face facts. It must be noted that to ignore the facts does not change the facts. Our dear brothers and sisters, it will do a lot of good to our society if we humbly desist from this unnatural practice. It will do the nation a lot of harm should gays be allowed to roam the street, prophesying their creed, which our laws abhor. Morality will surely crumble in our humbly society. ‘All things are lawful for me, but not all things are expedient: all things are lawful for me, but all things edify not[7]’. Of a truth, gay rights can be argued to be a right, but it is not good for our part of the world. ‘ Finally, brethren(gays), whatsoever things are true, whatsoever things are just, whatsoever things are pure, whatsoever things are lovely, whatsoever things are of good report; if there be any virtue, and if there be any praise, think of these things’[8].

It must be understood that, laws are made or altered not just to fill our statute books, but to address a problem in society. As far as Ghanaians are concerned, crimilization of unnatural marriage is a plus to us rather than a negative, which may call for amendment. It is the submission of the writer that, moralists, teachers of morality and good conscience, and all right thinking members in Ghana should endeavour our quest in defending the good name of Ghana so, help us gays.

[1] Faculty of Law, KNUST; borncapy@yahoo.com

[2] Section 57 of Act 29, 1960.

[3] JCS Sowah(as then was) in Tuffour v. Attorney General(1980) GLR 631

[4] Article 12(2) of the 1992 Constitution of Ghana.

[5] Section 104(2) of the Criminal Code 1960, Act 29.

[6] Wolfenden Committee, set up in England to consider the extent to which homosexuals activities should come under the condemnation of the law.

[7] I Corinthians 10:23

[8] Philippians 3:8

OBENG MENSAH RICHARD FACULTY OF LAW,KNUST

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