In a legal confrontation that places religious freedom and constitutional supremacy under the spotlight, the organistion argues that religious beliefs cannot be allowed to determine who enjoys constitutional rights in Botswana. In heads of argument filed before the High Court on October 15, 2026, it says the government cannot invoke the country's predominantly Christian traditions to deny gay and lesbian couples access to civil marriage. The organisation maintains that while religious beliefs deserve constitutional protection, they cannot be used as a weapon to restrict the rights of others. LEGABIBO, represented by Rantao Attorneys, contends that constitutional rights cannot be subjected to a popularity contest.
"Constitutional morality requires fidelity to the Constitution's text, values and institutions, including the universal rights secured by section 3. Social morality, by contrast, may reflect prevailing opinion," the human rights group submits. The argument forms part of the ongoing legal battle involving Bonolo Ompile Selelo and Tsholofelo Seele Kumile, who are challenging the government's refusal to register their intended marriage. LEGABIBO has joined the proceedings as the third applicant, while the Botswana House of Prayer and Transformation, Dingwetsi Association of Botswana and Evangelical Fellowship of Botswana are amongst the respondents. The organisation argues that the State's reliance on religious and cultural considerations raises fundamental questions about whether constitutional rights can be restricted simply because the majority disapproves of their exercise.
