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Kenya's high court has refused to decriminalise homosexuality, fearing this would lead to same-sex union, and adding that science was 'inconclusive' on whether LGBTQ people were 'born that way' #Repeal162
The presiding judge noted that countries like India and others had voted to decriminalise homosexuality, arguments that were "persuasive, but not binding on this country", in a ruling laden with reference to cultural and family values
The court said the petitioners had failed to prove the laws were discriminatory, violated their right to privacy and dignity (as policing them essentially invades the bedroom) or prohibited access to healthcare or justice
Members of the LGBT community in Kenya have told me how they get extorted on dating apps like Grindr, blackmailed, assaulted, have lost jobs or been expelled from school - but seeking justice means confessing to a crime: being gay #Repeal162
They also accepted that gay marriage is not on the cards for a long time and insisted they were not looking for that, but the court today said that did not matter, as decriminalising gay sex would lead to gay couples living together in union
She leaned heavily on section 45 subarticle 2 of the constitution, which states that "every adult has the right to marry a person of the opposite sex." And said scrapping the laws in question would directly contradict this #repeal162
