Dialectics of Same Sex Marriage : International Human Rights Reflections

This article focuses on the Same Sex Marriage (Prohibition) Act in Nigeria. Enacted in 2014, the Act’s provisions, among other legal implications, prohibits same-sex marriage and civil unions and only recognizes marriage between persons of the opposite sex as valid. This article critically analyzes the moral and religious grounds that are presented as justification of Nigeria’s position on same-sex marriage, and counters Nigeria’s opposition by comparing and contrasting with the case law of the United States and other jurisdictions wherein same-sex marriage has been legalized. The author argues that the freedom to choose one’s sexual identity and partners is a fundamental human right, and further proposes several different approaches to changing Nigeria’s stance on same-sex marriage.