Namibia recognises same-s.e.x marriages concluded abroad with foreign spouse

Namibia‘s Supreme Court on Tuesday recognised same-s.e.x marriages contracted abroad between citizens and foreign spouses, a landmark ruling in a country where homosexuality is illegal. The decision overturns a ruling reached last year by the High Court, which refused to accept same-s.e.x marriages concluded outside Namibia.
Two Namibian nationals had sought recourse from the courts after the ministry of home affairs and immigration refused to grant permits to same-s.e.x foreign spouses whom they had married outside the country.
This Court accordingly found that the approach of the Ministry to exclude spouses, including the appellants, in a validly concluded same-s.e.x marriage… infringes both the interrelated rights to dignity and equality of the appellants,” the ruling said. Annette Seiler, who is married to German national Anita Seiler-Lilles, brought the case along with Namibian citizen Johann Potgieter and his South African husband, Matsobane Daniel Digashu.
Their marriages were respectively concluded in Germany and South Africa Namibia has seen a flurry of court cases on the rights of same-s.e.x couples to marry, become parents and immigrate.
Homos.e.xuality is illegal in Namibia under a rarely-enforced 1927 sodomy law dating to its period under South African rule. South Africa, under its liberal post-apartheid constitution, is the sole African nation which allows gay marriage, legalised in 2006.
In March this year, the same paramount court overturned a decision by a lower court to grant citizenship to a gay couple’s four-year-old son who was born in neighbouring South Africa through surrogacy.
Source: eNCA
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