LEGABIBO says same-sex marriage exclusion is unconstitutional :: Mmegi Online

The Lesbians, Gays and Bisexuals of Botswana (LEGABIBO) has told the High Court that excluding same-sex couples from civil marriage violates constitutional rights. It also argues that the State cannot deny legal recognition to same-sex unions while extending marriage rights to heterosexual couples.

The rights organisation has made an application before the Gaborone High Court to be joined in the proceedings filed in the ongoing case brought by Bonolo Omphile Selelo Tsholofelo Seele Kumile and another applicant. The respondents in the case are the Acting Director of Civil Registration and the Attorney General.

At the centre of the dispute is a decision by the Department of Civil and National Registration to refuse the publication of banns for the couple's intended marriage. In a letter dated May 8, 2025, the department informed the couple that “marriage in the manner you want is not supported by the law.”

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