Botswana court upholds ruling decriminalizing gay sex
Monday's decision in effect struck off two sections of the penal code that had outlawed homosexuality.
Before the 2019 High Court ruling, which was praised by international organizations and activists, engaging in gay sex in Botswana was punishable by up to seven years in prison.
The state had argued on appeal that the penal code outlawed gay sex and there was no evidence that people's attitude towards homosexuality had changed.
Reading the unanimous decision by five judges, Court of Appeal Judge President Ian Kirby said the criminalization of consensual same-sex activities violated the constitutional rights of lesbians, gays, bisexuals and transgender persons to dignity, liberty, privacy and equality.
Wearing rainbow-colored masks, members of the gay community at the court reacted with loud cheers. Some wept for joy.
