Southern AfricaMauritius: Our one big victory in 2023 was the Supreme Court of Mauritius finally delivering its ruling that the nation’s colonial-era sodomy laws are unconstitutional. But in another case, the Supreme Court denied citizenship by descent to the child a same-sex couple who had been born by surrogacy in South Africa. The Supreme Court has said they’ll deliver their judgement on May 17, 2024 – the International Day Against Homophobia, Biphobia, and Transphobia. However, the evolving international jurisprudence is that sex discrimination includes sexual orientation and gender identity discrimination, so it’s entirely likely that anti-LGBT discrimination was just banned there. The new constitution also defines marriage and family in heterosexual terms, however, and the new constitution specifically shields marriage laws from review on discrimination grounds.

Source: The North Africa Journal January 03, 2024 15:04 UTC