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Same Sex Marriage (Prohibition) Act 2013

The Act to Make Provisions for the Prohibition of Relationship Between Persons of the Same Sex, Celebration of Marriage by Them, and for Other Matters Connected Therewith, also known as the Same Sex (Prohibition) Act 2006, was a controversial draft bill that was first put before both houses of the National Assembly of Nigeria in early 2007. Seven years later, another draft was passed into legislation by president Goodluck Jonathan as the Same Sex Marriage (Prohibition) Act 2013 (SSMPA). The law restricts LGBTQ rights in Nigeria.

Proposal in 2006-2007
History The bill was first placed to the National Assembly by Justice Minister Bayo Ojo on January 18, 2006, but it was not passed during the first reading. On January 18, 2007, the bill was approved by the Federal Executive Council and resent before the National Assembly. However, it received condemnation from human rights organizations for its restrictions on freedom of speech and organization, potentially placing Nigeria at odds with several international agreements to which the country was signatory. It was also seen in Nigeria as being a last-ditch election-year effort of the Obasanjo administration to appeal to public sentiment, since the second reading of the bill was being pushed after the Senate's defeat of a bill to amend the Constitution's limit on the number of presidential terms. As a result, the bill was not passed by either house before the general election that year. Summary The proposed bill called for five years imprisonment for anyone who undergoes, "performs, witnesses, aids, or abets" a same-sex marriage. It would also prohibit any display of a "same-sex amorous relationship" and adoption of children by gays or lesbians. The bill was expected to receive little or no opposition in Parliament. The bill also called for five years imprisonment for involvement in public advocacy or associations supporting the rights of lesbian and gay people. Included in the bill was a proposal to ban any form of relationship with a gay person. The intent of the bill was to ban anything associated with being gay in the country. Domestic reaction The overwhelming majority of Nigerians were in full support of this legislation as it reflected the desire of the people who do not see it as a fundamental human right issue. Of the few dissenting voices, one of the stiffest domestic opponents of the legislation was Davis Mac-Iyalla, a homosexual Nigerian LGBT rights advocate who heads the Nigerian chapter of Changing Attitude, an Anglican pro-LGBT organization based in the United Kingdom. Mac-Iyalla, who was repeatedly arrested by Nigerian police in pro-LGBT demonstrations in previous years, was already an opponent of Peter Akinola, the then Anglican Primate of the Church of Nigeria. International reaction In February 2006, the United States State Department attacked the proposal. But the Nigerian governmental organisation in charge of control of HIV/AIDS cater specifically for homosexual patients through the Nigerian Diversities Network (NDN). NDN has a mission of working in partnership with all key stakeholders (including homosexual people) to significantly reduce the HIV/AIDS vulnerability. The NDN works closely with government departments through its offices in the national and state capitals. ==Legislation in 2014==
Legislation in 2014
Despite international pressure, the Same Sex Marriage (Prohibition) Act 2013 was signed by President Goodluck Jonathan and dated January 7, 2014. US Secretary of State John Kerry said the United States is "deeply concerned" by a law that "dangerously restricts freedom of assembly, association, and expression for all Nigerians." Former coloniser Britain said, "The U.K. opposes any form of discrimination on the grounds of sexual orientation." The Nigerian law already had provisions making homosexual sex illegal. The 2013 Act adds to this, "A person who registers, operates or participates in gay clubs, societies or organizations, or directly or indirectly makes public show of same-sex amorous relationship in Nigeria commits an offense and is liable on conviction to a term of 10 years." MassResistance and other American anti-LGBTQ organizations supported the passing of the bill. Impact Since the enactment of the law in 2014, LGBTQ individuals have faced intensified harassment, violence, and social exclusion. Blackmailers, neighbors, and law enforcement officers exploit the law to target LGBTQ people, often using social media to entrap victims (see kito). Arrests and public humiliation are common, and many individuals fear seeking medical care or reporting crimes. In 2018, LGBTQ activists said that the law has never been used to convict anyone in homosexuality-related cases. This, they believe, is because the law is incoherent, and many cases involving suspected LGBTQ persons lack evidence. A case against 47 men, including James Brown, was seen as a potential test for the law, but was dismissed in 2020 due to "lack of diligent prosecution". Proposed amendment against cross dressing In 2022, the Nigerian House of Representatives introduced a bill to prohibit cross-dressing, as an amendment to the Same Sex Marriage (Prohibition) Act 2013. As of 2024, the bill had not become law. ==See also==
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