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WINDHOEK. – Namibia’s Supreme Court ruled on Tuesday that the government must recognise the unions of same-sex couples who married in countries where it was legal for them to do so, even though same-sex marriage remains illegal in Namibia itself.
The ruling, which drew mixed reactions in the socially conservative country, was in sharp contrast to developments in Uganda, where one of the world’s most draconian anti-LGBT laws is expected to come into force imminently.
The Namibian case stemmed from the residency applications of a German woman who married a Namibian woman in Germany, and of a South African man who married a Namibian man in South Africa, the only country on the continent that allows same-sex marriage.
The government refused to give the non-Namibian spouses residency rights in the country, on the grounds that their marriages could not be recognised in Namibia, which prompted them to take legal action.
“The approach of the (interior) ministry to exclude spouses…in a validly concluded same-sex marriage … infringes both their interrelated rights to dignity and equality,” the Supreme Court said.
A spokesperson for the interior ministry did not immediately respond to a request for comment.
Gay rights activist Linda Baumann welcomed the ruling as a step in the right direction. – AP
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