Inside the Republic · Legislative Intelligence
Comparative Legislative Analysis
2021 Bill vs. 2025 Bill · Human Sexual Rights & Family Values · Ghana
Built by Nana Kwame Obeng
| Feature | 2021 Bill | 2025 Bill | Change |
|---|---|---|---|
| Victim Compensation & Protection | Full clause — victims not penalised, compensation orders, privacy rights, in-camera proceedings | Entirely deleted | Deleted |
| Medical Access for Recanting Accused | Accused who recant may access medical/psychological help at state cost | Entirely deleted | Deleted |
| Flexible Sentencing | Courts may issue welfare orders for persons who genuinely recant | Entirely deleted | Deleted |
| Assistance for Questioning Persons | Government to arrange therapy; state-facilitated support | Entirely deleted | Deleted |
| "Undermining Values" Offence | Criminal offence to instigate, counsel, aid, or promote undermining of family values | Entirely deleted | Deleted |
| Criminalising Patient Who Undergoes Surgery | Patient explicitly prohibited — 3 to 5 years | Patient no longer liable; only provider is | Removed |
| Penalty: Same-Sex Acts | 3–5 years (second-degree felony) | 2 months – 3 years, no felony label | Reduced |
| Penalty: Funding Prohibited Activities | 5–10 years | 3–5 years | Reduced |
| Penalty: Forming Prohibited Group | 6–10 years | 3–5 years | Reduced |
| Penalty: Detention with Intent | 1–5 years | 3 months – 3 years | Reduced |
| Extra-Judicial Treatment Penalty | Fine 500–1,000 PU or 6m–3y imprisonment | Imprisonment only, 3m–3y — no fine option | Tougher |
| Definition of "Ally" | Any supporter or advocate of the queer community | Only active producers/distributors of prohibited material with specific criminal intent | Narrowed |
| "Questioning" Persons | Included in application, definitions, adoption bar, fosterage bar | Fully removed from the Bill | Removed |
| Intersex Persons | Standalone category — application, adoption bar, fosterage bar | Appears only as medical correction exception | Reclassified |
| Arms of Government Duty to Promote | Executive, Legislature, Judiciary, CHRAJ, NCCE all included | All constitutional bodies removed | Removed |
| Gross Indecency Language | "Amorous" relations — implies sexual love/attraction | "Romantic" relations — broader, may include hand-holding or dating | Broader |
| Void Marriage Grounds | Two grounds: same-sex, or post-reassignment surgery | Three grounds: adds any procedure creating alternate sexual category (e.g. hormone therapy) | Expanded |
| Marriage Definition Scope | Customary, ordinance, and Islamic (Mohammedan) unions | Colonial Marriages Act 1884–1985 only — excludes customary and Islamic | Narrowed |
| Non-binary Definition | Not defined | Newly defined: "sex categorisation other than male and female" | New |
| Procuration Means | Threat, intimidation, false pretence | Adds: obstruction, deterrence, molestation, inducement, improper/corrupt means | Expanded |
| Propaganda: "Sympathy" Prohibition | Explicitly prohibited promoting sympathy for prohibited acts | Removed — merged into broader "promote or support" language | Removed |
| Duty to Report — Trigger | Triggered by being present when offence committed | Triggered by knowledge (not just presence) — wider duty | Broader |
| Duty to Report — Time Limit | Within 7 days | Within 3 days | Shorter |
Criminalised "undermining" of Ghanaian family values and any act of instigating, commanding, counselling, procuring, aiding, or promoting such undermining. Penalty: Fine 1,000–2,000 PU or 2–4 months imprisonment. Very broad — could have captured speeches, editorials, and social media posts.
Victims of prohibited acts could not be penalised. Courts could order compensation. Victims had a right to privacy. Proceedings involving children to be held in camera. Courts could order therapy for traumatised victims. All of this has been removed entirely.
An accused person who genuinely recanted their identity and voluntarily requested medical or psychological help was entitled to access such help. Costs could be borne by an approved service provider. No such pathway exists in the 2025 Bill.
Courts were empowered to make welfare orders instead of standard prison sentences if a person genuinely recanted and requested help. This created an alternative sentencing track. Removed without replacement.
Government required to liaise with approved service providers to offer therapy to questioning persons and provide support to parents of intersex children seeking to realign the child to binary sex designation. Questioning persons lose all state support. Intersex only remains in regulations.
Five standalone definitions removed. Queer, Transgender, and Transsexual now appear only as acronym components without definitions — creating interpretive ambiguity in courts. Asexual and Questioning are entirely gone from the Bill.
Newly defined as "a person whose sexual anatomy or chromosomes does not fit the traditional markers of male or female." Provides legal clarity but appears only as a medical exception — intersex persons are carved out of some prohibitions, not protected.
Newly defined as "a sex categorisation other than male and female." First time non-binary receives a legal definition in this Bill — but it is defined in order to prohibit it, particularly in the fosterage clause.
Marriage is now also void if either party underwent "any other procedure intended to create a sexual category other than determined at birth" — even non-surgical procedures. This potentially captures hormone therapy and puberty blockers. Exception: intersex correction surgery.
The prohibited means for procuring another person to engage in a prohibited act are expanded. Added: obstruction, deterrence, improper or corrupt means, molestation, and inducement. The 2021 Bill listed only threat, intimidation, and false pretence.
Sections 84–87 of Ghana's Criminal Offences Act, 1960 are now explicitly applied to extra-judicial treatment cases. This ties the mob justice prohibition to existing assault and harassment law — strengthening enforceability in courts.
While intersex and questioning persons are removed from the fosterage prohibition, non-binary persons are explicitly added. This creates an asymmetry: non-binary persons are barred from fosterage but are not listed in the adoption prohibition.
A non-queer person who supports or advocates for the queer community, or any member who identifies with another community member. Passive support qualified.
Only a person who actively produces, procures, markets, broadcasts, disseminates, publishes or distributes material with intent to promote a prohibited act, evoke a child's interest, or teach a child to explore non-binary gender.
An individual who generally does not experience sexual desire or attraction to any group of persons — but not a celibate, who abstains by choice rather than orientation.
Term entirely removed. No equivalent definition anywhere in the 2025 Bill.
"Ghanaian family values" — explicitly referenced the nuclear and extended family as the basic unit for all Ghanaian ethnic communities.
"Family values" — references to nuclear/extended family and "all Ghanaian ethnic communities" removed. The word "Ghanaian" also dropped from the heading.
Explicitly included customary law union, union by ordinance, and Mohammedan (Islamic) union between a man and a woman.
Limited to a union under the Marriages Act 1884–1985 (CAP 127) only. No mention of customary or Islamic marriages.
Not defined. The term appeared occasionally without a legal meaning.
Newly defined as "a sex categorisation other than male and female." First time this category receives a legal definition — but only to exclude or prohibit it.
Not separately defined — appeared as part of the phrase "biological anomaly including intersex."
Newly defined as "a person whose sexual anatomy or chromosomes does not fit the traditional markers of male or female." Recognised as a biological state.
Included: Questioning, Intersex, Asexual alongside the rest.
Questioning, Intersex, and Asexual removed from the acronym entirely.
All had separate definitions. Queer: all-inclusive identity. Transgender: gender identity differs from birth sex. Transsexual: voluntary medical process.
None have standalone definitions. They appear only as components of the LGBTQAP+ acronym. Courts must rely on ordinary meaning.
Applies to: (a) persons who "hold out as" listed identities including any sociocultural notion contrary to male/female; (b) questioning persons; (c) persons with biological anomaly including intersex; (d) promoters/funders; (e) providers of sex reassignment; (f) those who engage in prohibited acts.
Applies to: (a) persons who "hold out as" similar list — but no "questioning"; catch-all changed to "any other sexual orientation or in a sexual relationship contrary to the sociocultural relationship between a male and a female"; (b) promoters/funders; (c) providers of sex reassignment except intersex correction; (d) those who engage in prohibited acts.
"Questioning" and standalone "intersex" removed from scope. A person merely exploring their identity, or born with intersex characteristics, is no longer automatically within the Bill's reach — unless they engage in a specifically prohibited act.
Duty imposed on: citizens, parents, guardians, teachers, churches/mosques, the Executive, the Legislature, the Judiciary, CHRAJ, NCCE, media, and the creative arts industry.
Duty imposed on: citizens, parents, guardians, teachers, churches/mosques, media, and the creative arts industry. The Executive, Legislature, Judiciary, CHRAJ, and NCCE are entirely omitted.
All five arms of government and constitutional oversight bodies removed from the duty clause. No formal state obligation on Parliament, the Presidency, or courts to promote these values.
Prohibited: same-sex intercourse, holding out as LGBTQQIAAP+, providing sex reassignment surgery, and undergoing sex/gender reassignment surgery. Penalty: second-degree felony — 3–5 years or fine 750–5,000 PU or both.
Same prohibitions except: undergoing surgery is no longer a crime. Only the provider is liable. Penalty: 2 months–3 years or fine 750–5,000 PU or both. No felony classification. "Amorous" replaced with "romantic" in gross indecency clause.
Patient decriminalised; doctor still liable. Penalty range significantly reduced. However, "romantic" replacing "amorous" potentially expands the gross indecency offence to cover non-sexual displays of affection.
Clause 19: Victims not penalised; compensation orders; privacy rights; in-camera proceedings for children; therapy orders. Clause 20: Recanting accused may access medical/psychological help. Clause 21: Courts may make welfare orders in lieu of prison for those who recant. Clause 23: State-facilitated therapy for questioning persons; support for parents of intersex children.
Clauses 19, 20, 21, and 23 all entirely deleted. The only surviving protective provision is the prohibition on extra-judicial treatment (mob justice) — retained as Clause 16(3)–(6), now with imprisonment only (3m–3y, no fine option), with cross-reference to Act 29 ss.84–87.
Every mechanism for victim support, rehabilitation, and judicial flexibility is removed. The framework shifts from dual-track (punish and rehabilitate) to purely punitive. No statutory pathway exists for an accused person to seek leniency by changing behaviour.
Duty triggered when a person is present when an offence is committed. Must report to police or a political leader, opinion leader, or customary authority. Must assist in prosecution. Time limit: 7 days.
Duty triggered by knowledge (not just presence) — wider trigger. Report to police or "relevant authority of the community" (less specific). No obligation to assist in prosecution. Time limit: 3 days.
Broader duty (knowledge replaces presence) but shorter window and removal of duty to assist prosecution. Political and customary leaders replaced with vague "relevant authority."
Adoption bar covers: lesbian, gay, bisexual, transgender, transsexual, queer, ally, pansexual, intersex, questioning, or any other contrary sociocultural notion. Fosterage bar: same list.
Adoption bar: removes intersex and questioning. Fosterage bar: removes intersex and questioning — but adds "non-binary." This creates an asymmetry: non-binary is barred from fosterage but not listed in the adoption clause.
Intersex and questioning persons no longer automatically barred from adoption or fosterage. Non-binary persons now explicitly barred from fosterage only. The asymmetry between adoption and fosterage provisions may lead to inconsistent judicial interpretation.
| Subject Matter | 2021 | 2025 | Status | Net Change |
|---|---|---|---|---|
| Application of Act | 1 | 1 | Amended | Questioning and intersex removed from scope |
| Interpretation / Definitions | 2 | 18 | Heavily Amended | Multiple deletions; two new definitions |
| Duty to Promote Values | 3 | 2 | Amended | Arms of government removed |
| Undermining Values Offence | 4 | — | Deleted | Entire offence removed |
| Duty to Report | 5 | 16(1)–(2) | Amended | Broader trigger; shorter window |
| Prohibition of Prohibited Acts | 6 | 3 | Amended | Patient decriminalised; penalty reduced |
| Procuration | 7 | 4 | Amended | Broader prohibited means added |
| Detention with Intent | 8 | 5 | Amended | Penalty reduced |
| Keeping a Brothel | 9 | 6 | No Change | Wording only |
| Gross Indecency | 10 | 7 | Amended | "Romantic" replaces "amorous" — broader scope |
| Void Marriage | 11 | 8 | Amended | Third ground added |
| Propaganda — General | 12 | 9 | Amended | "Sympathy" prohibition removed |
| Propaganda — Children | 13 | 10 | No Change | Identical |
| Funding / Sponsoring | 14 | 11 | Amended | Penalty: 5–10y reduced to 3–5y |
| Disbandment of Groups | 15 | 12 | No Change | Identical |
| Prohibition of Group Formation | 16 | 13 | Amended | Penalty: 6–10y reduced to 3–5y |
| Adoption Prohibition | 17 | 14 | Amended | Intersex and questioning removed |
| Fosterage Prohibition | 18 | 15 | Amended | Non-binary added; intersex and questioning removed |
| Victim Protection | 19 | — | Deleted | All victim protections removed |
| Medical Access for Accused | 20 | — | Deleted | Rehabilitation pathway removed |
| Flexible Sentencing | 21 | — | Deleted | Alternative sentencing removed |
| Extra-Judicial Treatment | 22 | 16(3)–(6) | Amended | Fine removed; lower minimum; Act 29 referenced |
| Assistance — Questioning/Intersex | 23 | — | Deleted | Questioning fully removed; intersex only in regulations |
| Regulations | 24 | 17 | Amended | Questioning assistance removed |
| Consequential Amendment (Extradition) | 25 | 19 | No Change | Acronym update only |