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Church bodies urge constitutional court to dismiss petition challenging same-sex laws

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The three main church mother bodies in Zambia – the Zambia Conference of Catholic Bishops (ZCCB), the Evangelical Fellowship of Zambia (EFZ), and the Council of Churches in Zambia (CCZ) – have urged the Constitutional Court to reject a petition filed by governance activist Isaac Mwanza, which challenges the constitutionality of laws criminalizing same-sex relationships.

Mwanza’s petition seeks a declaration that Section 155(c) of the Penal Code, which criminalizes “unnatural offences” or “sex against the order of nature,” is unconstitutional.

He argued that the law discriminates on the basis of sexual orientation and gender identity, violating constitutional rights to equality and privacy.

In their submission, the church bodies asserted that Zambia, as a Christian nation, was governed by biblical principles that reject same-sex relationships.

They argued that the Constitution did not recognize sexual orientation or gender identity as grounds for protection against discrimination.

The churches further contended that the criminalization of consensual same-sex acts does not violate the right to privacy, noting that such rights were not absolute but subject to reasonable legislative restrictions.

Citing biblical verses such as Romans 1:26-27, the churches affirmed that the law prohibiting same-sex relationships aligns with Zambia’s identity and legal framework as a Christian nation.

They likened the restrictions to laws prohibiting theft and trespassing, emphasizing that such legal provisions were necessary for maintaining order and morality.

The churches also argued that freedom of conscience, as protected under Article 19 of the Constitution, pertains to religious and spiritual expression, not sexual conduct.

ZCCB, CCZ, and EFZ concluded by urging the Constitutional Court to dismiss Mwanza’s petition for lack of merit.

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