Anti-LBGTQ+ bill; fresh relay in parliament apt or presidential assent?
By DL News
Published
Updated
2 min read
The bill had previously been listed for consideration on Tuesday, October 21, but was conspicuously absent when the business agenda was updated the following day.
The reintroduction of the contentious Human Sexual Rights and Family Values Bill, popularly known as the anti-LGBTQ bill, has encountered a fresh procedural setback after it was quietly removed from Wednesday’s Order Paper in Parliament.
The bill had previously been listed for consideration on Tuesday, October 21, but was conspicuously absent when the business agenda was updated the following day.
Majority Leader Explains
Explaining the decision on the floor of Parliament, Majority Leader Mahama Ayariga said there was no procedural necessity to re-lay the bill because it had already been passed by the previous Parliament and forwarded to the Presidency for assent.
“We indicated that we thought the bills had been passed by this House already and had been sent to the Presidency for assent. And so, we didn’t see the need to reconsider a bill that has already been passed by this House, waiting for presidential assent,” Ayariga clarified.
He further noted that unless the President triggers the constitutional procedure under Article 106(7)-(8) by returning the bill with reservations for reconsideration, Parliament is not required—and indeed not empowered—to reopen debate on it.
“Unless the constitutional procedure for returning the bill to us is complied with by the President… there’s no need to relist it,” he added.
Following this interpretation, the Speaker reportedly instructed the Clerk of Parliament to reconsider the earlier listing of the bill, resulting in its subsequent removal from the Order Paper.
Legal Debate Intensifies
The development has reignited legal debate over whether bills passed but not assented to before the dissolution of a parliamentary session must be re-laid, or whether they continue to hold legal force until the President takes a formal position.
There are now two contrasting schools of thought:
| Legal View | Position |
|---|---|
| Re-lay Required | Bills not assented to before the end of a parliamentary term may lapse and must be reintroduced. |
| Still Valid | A bill remains alive until the President formally returns it to Parliament under constitutional procedure. |
The Human Sexual Rights and Family Values Bill has been one of Ghana’s most polarising pieces of legislation in recent history. It seeks to:
Criminalise same-sex relationships;
Ban advocacy or promotion of LGBTQ+ rights;
Impose penalties on individuals and organisations perceived to support LGBTQ activities.
