Some MPs fear criticizing anti-gay bill over possible victimisation

He indicated that the manner in which the bill was introduced has instilled fear among legislators, leading them to avoid questioning it.

Afenyo-Markin also expressed concern about the harsh sentencing provisions in the law, which he believes are compounding the fear among his colleagues. He stated that he is not afraid to voice his opinion, even if it means losing his seat in Parliament.

The Effutu legislator further questioned the effectiveness of the proposed punishments for engaging in LGBT activities.

He wondered whether individuals who are jailed for such activities will undergo any meaningful reform during their time in prison.

During an interview on The Point of View on Citi TV, with Bernard Avle, Afeny-Markin said, “The way the whole thing was introduced, it created some fear among legislators, that people think that if I dare question it, they will say that I’m supporting a man to marry a man or supporting a woman to marry a woman, so nobody wants to touch it. It’s a radioactive substance. But, If we pay attention to the details, we can come up with a law that will be acceptable to all.”

Parliament, earlier in February, approved a three-to-five-year jail term for individuals who willfully promote or sponsor LGBTQ activities, while those caught in the act are to be sentenced to a minimum of 6 months and a maximum of 3 years.

During a clause-by-clause amendment of the bill on the promotion of proper human sexual rights and Ghanaian family values, Mr Afenyo-Markin stated that the punitive action would not aid in the rehabilitation of the culprit.

Anti-gay Bill Questionable, Won’t Stand Test In Court

Afenyo-Markin also expressed concerns about the constitutionality of the anti-LGBTQ+ bill currently under consideration by Parliament.

He believes it has significant legal flaws and would not withstand scrutiny in court.

“I think the law in its present form has questionable constitutional issues. The law as I see it, from how I’ve seen it, cannot stand any serious test in any constitutional court. I think that the law would have serious challenges at the Supreme Court. If it faces a constitutionality test, it will fail. Not the entire law, but aspects of it, will fail. That’s my view,” he told Bernard Avle.