Senegal changes constitution to define marriage as between a man and a woman
The amendment was approved by the country's National Assembly on 29 June after every one of the 129 MPs present voted in favour
By Callum Wells
Senegal has changed its constitution to define marriage as being between “a man and a woman”, cementing its ban on same-sex marriage.
The amendment was approved by the country’s National Assembly on 29 June after every one of the 129 MPs present voted in favour. None voted against.
Same-sex marriage has never been legal in Senegal. Until now, however, the constitution did not explicitly define marriage as between a man and a woman. Instead, it stated: “Marriage and the family constitute the natural and moral foundation of human society, and are placed under the protection of the State.”
The legislation passed by 135 votes to none, with three abstentions
The constitutional change comes just months after Senegal introduced tougher criminal penalties for same-sex relations.
In March, lawmakers voted overwhelmingly to amend the Penal Code, increasing the maximum prison sentence for consensual same-sex sexual activity from five years to 10. The legislation passed by 135 votes to none, with three abstentions.
The revised law criminalises “any sexual act or act of a sexual nature between two people of the same sex”. It also introduces prison sentences of between three and seven years for “anyone who engages in advocacy” for same-sex relations, while making it an offence to accuse someone of same-sex offences “without proof”.
Consensual same-sex sexual activity has been illegal in Senegal since 1965, when Article 319 of the Penal Code was introduced five years after the country gained independence from France. The law applies to both men and women and describes same-sex relations as “unnatural acts”.
“Homosexuals will no longer breathe in this country” lawmaker Diaraye Ba during debate on the Penal Code changes
During debate on the Penal Code changes in March, lawmaker Diaraye Ba said, to applause from some colleagues: “Homosexuals will no longer breathe in this country. Homosexuals will no longer have freedom of expression in this country.”
In April, a court issued the first conviction under the country’s anti-LGBTQ+ law.
A 24-year-old man was sentenced on 10 April to six years in prison and fined 2 million CFA francs (around $3,300) after being found guilty of “acts against nature and public indecency” in Pikine-Guédiawaye, a suburb of Dakar. He had been arrested earlier this month.