Benue State University, Makurdi

An Appraisal of the Same-Sex Marriage (Prohibition) Act 2013 in the Face of Emerging Multiplicity of Gender and Sexual Orientations

Mnyim Mwuese Modupe*

Abstract

The Same-Sex Marriage (Prohibition) Act 2013 is a response to the rising demands for equality of marriage rights and recognition of other forms of consensual sexual relationships. These demands emanated from the Lesbian, Gay, Bisexual, Transgender and other mixed groups represented as Queer community (LGBTQ). The said demands, no doubt, are reminiscent of the emerging multiplicity of gender and sexual orientations the world over. The article thus employs doctrinal method to appraise the extent to which the Act covers the present multiplicity of Gender and Sexual orientations. The article also appraises the Human Rights, Ethical and Conflict of Laws concerns in relation to the Act. The article finds that, there are gaps which make it impossible for the Act to cure the mischief it was enacted to cure. Some of the said gaps include that the Act has failed to capture the entire variants of the emerging gender and sexual orientations such as transgender, transvestite and the queer community. The Act is equally silent on individuals or corporate entities indoctrinating people and minors on the LGBTQ ideology. The article accordingly makes recommendations for the amendment of the Act to be not just the Same Sex Marriage Prohibition Act simpliciter but encapsulate other related offences to enable the other multiplicity of gender and sexual orientations to be captured as well. The article further recommends that the Act provides for the protection of minors by prohibiting individuals and corporate bodies from indoctrinating people and minors with the LGBTQ ideology.

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