Member of Parliament for Ningo-Prampram, Sam George, says no part of the Proper Human Sexual Rights and Ghanaian Family Values Bill (Anti-LGBTQ Bill) infringes on the laws in the 1992 constitution.
Speaking on Newsfile, on Saturday, he pointed out that many individuals who oppose the bill by arguing that it contradicts the provisions of the 1992 constitution, have failed to specify the exact sections.
However, Sam George stated that though Article 17 ensures that all persons are equal before the law and not discriminated against, sub-section four gives Parliament the power to enact laws reasonably necessary to provide aid for the implementation of policies and programs aimed at addressing social, economic and educational imbalances in the Ghanaian society.
“This is a social issue and so Parliament is within the same Article 17.4 exercising its right that the constitution has conferred on us to deal with the social issue. It says for the matters relating to adoption, which is in this bill, marriage is in this bill, divorce, burial, and the evolution of property. But clearly, parliament has not acted ultra vires the constitution,” he said.
The Ningo Prampram MP added that many of the restrictions in the bill are already legislations which have been aggregated into the Anti-LGBTG bill.
“If you take the Children’s Act of Ghana today, it prohibits anybody who is not a heterosexual from being allowed to adopt or foster a child. That is in the Children’s Act. Now, you put that provision in this law and the professors and the gay lobbyists have not found the Children’s Act offensive to the Constitution. But as soon as you put it in the LGBTQ bill, it becomes offensive to the Constitution.”
“The Marriage Act of Ghana does not recognize a marriage consummated between a man or persons of the same sex. We put that in this bill. Boom, it becomes unconstitutional. Why? There is a new definition for unconstitutional?” he quizzed.
This comes after Parliament faced opposition from some people after passing the Proper Human Sexual Rights and Ghanaian Family Values Bill, on Wednesday, February 28.
Among other things, the bill punishes those who take part in LGBTQ sexual acts, as well as those who promote the rights of gay, lesbian or other non-conventional sexual or gender identities with time in prison.
Although a section of the public have welcomed the bill, others including CHRAJ have raised many concerns including discrimination against people and their freedoms as stated in the constitution.
However, Sam George noted that Article 21 lists the general fundamental freedoms people can enjoy including freedom of speech and expression, belief, thought and others.
He says it is in parliament’s right to pass laws to deal with people who are teaching or propagating a doctrine that exhibits or encourages disrespect for the country’s values.