Political Cortex: Brain Food for the Body Politic

Most Africans find it difficult to appreciate any justification for the recognition and legalization of same-sex unions.
And the reason is that, in most cases Africans tend to think, perceive, judge and see moral issues through the lenses of their religions, not their reason.

So, I think this decision by the California Supreme Court has a lot of lessons for Africa - especially the African justice system, lawmakers and politicians.
First of all, this decision has made us to understand that state laws are not perfect and `sacrosanct'. They can be challenged, changed, reformed, amended or abandoned in the light of new knowledge, human needs and human rights. Legislations that are oppressive, unjust and discriminatory have no place in our statue books. Again, this court decision has made it clear that when it comes to issues concerning marriage, human rights not religion or tradition, should take precedence. The fundamental freedoms, codified in various human rights treaties, not the out dated dogmas in the sacred texts should be our guide and inform our judgment.

Unfortunately this is not the case in Africa. What we have is a situation where religion especially the codified and organized versions of Christianity and Islam literally determine and darken the judgment of every aspect of family relationship and human sexuality. The holy books are preached and interpreted in such a way that they do not allow for progress in marriage, family and sexual matters.

What we have in Africa is a situation where moral issues are addressed and resolved by forcing them to fit into outdated, anachronistic and Stone Age norms. Due to religious tyranny, theocratic totalitarianism, and moral hypocrisy and absolutism, Africans find it difficult to think and decide freely, clearly, honestly and responsibly on moral and sexual matters.

Hence today most African states are in a crossroads having abandoned many of its human rights obligations and commitments. Africa is trapped in the past because it has allowed religious fanatics, throwbacks and theocrats to define, dictate and shape its laws and policies.
Many Africans want to return to a moral order that obtained in the dark ages. They prefer it to the liberating, emancipatory and enlightening values of modernity. Many Christians want everybody to live the way people lived during the time of Jesus Christ. Several Muslims are agitating to enthrone the social order that prevailed during the time of Muhammad.
Politically, Christians and Muslims across the continent want state laws to be based on their religious doctrines including the teaching that homosexuality is evil, sinful and immoral. But they have forgotten that times are changing. And that human beings cannot but move forward. Life and culture are dynamic and humanity is `condemned' to making progress.   And this entails abandoning old habits, norms and attitudes and embracing new ones.
So in this 21st century, Africans should not let the prejudices and parochialities of the past to guide them and inform their judgment of contemporary issues.     Africa needs a forward-looking justice, law, decision and policy-making systems.

And this has been demonstrated in the judgment of the California court and in other legislative measures that have been taken in Belgium, Canada, the Netherlands, Spain and South Africa to allow same sex marriage. The court ruling makes it clear that it is the duty of the state to guarantee the rights of persons of the same gender to marry and found a family. That it is a breach of human rights for a state to deny or limit the rights of same sex couples because of some people's religious beliefs.
Incidentally this is what obtains in most parts of Africa-a state sponsored homophobia sanctified by organized religions.
Personally, I hope African states could draw some lessons from this progressive ruling by the California Supreme Court and take the necessary measures to decriminalize homosexuality, strike down homophobic laws and recognize same-sex marriage as a human right.