Is Same-Sex Marriage Legal in Botswana? Current Status (2024)

No. Same-sex marriage is not legal in Botswana as of 2024.

Legal Landscape

Constitutional Challenge (2016)

• Case: Letsweletse Motshidiemang v. Attorney General
• Ruling: High Court dismissed the claim, holding that the Constitution does not guarantee the right to same-sex marriage
• Reasoning: Marriage defined by common law and Marriage Act as heterosexual; constitutional rights (equality, dignity, privacy) not interpreted to extend to marriage equality

Marriage Act 2013

• Section 2: "Marriage is the voluntary union of a man and a woman..."
• No provision for civil unions or domestic partnerships

Major Progress: Decriminalization (2019)

• Case: Letsweletse Motshidiemang v. Attorney General (same plaintiff)
• Ruling (June 11, 2019): High Court struck down Sections 164(a) and (c) and 167 of the Penal Code — criminalized "carnal knowledge against the order of nature" (up to 7 years) and "gross indecency"
• Significance: Botswana joined South Africa, Mozambique, Angola, Seychelles, Lesotho in decriminalizing same-sex conduct
• Court of Appeal (Nov 2021): Upheld decriminalization unanimously — landmark for region

Current Rights & Gaps

Advocacy & Outlook

• LEGABIBO (Lesbians, Gays & Bisexuals of Botswana) — lead advocacy org
• Rainbow Identity Association — trans-focused
• Marriage equality litigation expected; legislative route unlikely (BDP conservative, opposition UDC non-committal)
• Regional momentum: Namibia (2023 court win for foreign same-sex spouse recognition), South Africa (full marriage equality since 2006)

Botswana has decriminalized homosexuality—a major human rights victory—but marriage equality remains unrealized. The legal foundation (dignity, equality, privacy affirmed in 2019 ruling) exists; the political/judicial will is the next frontier.