KENYA: Catholic Bishops Rebuke Supreme Court Ruling On LGBTQ+ Association, Terms It Unconstitutional

By Paschal Norbert

NAIROBI, MARCH 10, 2023 (CISA) – “The determination on 24th February 2023 by the Supreme Court of Kenya on the Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ+) group right of association is unconstitutional, unwelcome and should be withdrawn,” the Kenya Conference of Catholic Bishops (KCCB) has said in a statement of appeal sent to newsrooms on March 10.

The bishops have faulted the supreme court’s decision to allow the registration of an association of the LGBTQ+ community as an NGO saying that what it promotes contradicts the basic values of the people as enshrined in the constitution.

“The aim of the LGBTQ+ association is promotion of homosexual actions and normalizing homosexual and same-sex unions. We, therefore, note that this ruling sets the platform for activism and pressure to further recognize homosexual actions and same-sex unions as acceptable and further infiltrate our processes of formation in our institutions,” the bishops stated.

In the statement signed by Archbishop Martin Kivuva Musonde, the chairperson of KCCB and archbishop of Mombasa, the bishops reiterated the LGBTQ+ ideology, is a foreign notion being pushed into humanity and the Kenyan society by individuals and groups that have personal interests and thus, cannot be said to be promoting the common good of the people.

“We, therefore, state that this ideology is an attempt to undermine the family and cultural values which are rooted in the very nature of humankind. It also undermines the dignity of life which is at the core of our beliefs as a nation. This ideology is an attack on our faith systems,” the prelates stressed.

“Human sexuality affects all aspects of the human person in the unity of his body and soul. Everyone, man and woman, should acknowledge and accept his sexual identity as a gift from God. However, our sexual identity cannot be defined merely by referring to sexual orientations,” they added.

Reflecting on the teachings of the Catholic Church that refer to homosexual acts as ‘intrinsically disordered’, the bishops underscored homosexuality, lesbianism and same-sex unions are unnatural, wrong and contrary to the natural law.

“We make reference to the Constitution of Kenya, Article 45 which clearly states that “the family is the natural and fundamental unit of society and the necessary basis of social order, and shall enjoy the recognition and protection of the State”. We, therefore, remind the Government of its constitutional responsibility and moral obligation to safeguard and protect the family against the LGBTQ+ ideology and other threats. As a nation, we have a moral obligation to safeguard young people from such erroneous ideas about sexuality and marriage. It is for this reason that we remind all Kenyans that the Penal Code 1930 criminalizes same-sex acts as ‘gross indecency’ and ‘carnal knowledge against the order of nature’. This should be upheld by our judiciary in defence of life and the family,” the bishops appealed.

“The principles of respect and non-discrimination cannot be invoked to support legal recognition of same-sex unions. Differentiating between persons or refusing social recognition or benefits is unacceptable only when it is contrary to justice. The common good requires that laws recognize, promote and protect marriage as the basis of the family, the primary unit of society. At this point, we reiterate what is enshrined in the Constitution that marriage is between a man and a woman,” they emphasized.