Senegal formalises exclusion of same-sex couples in marriage law

Senegal’s National Assembly has approved a constitutional amendment that explicitly limits marriage to “the union between a man and a woman,” further entrenching state-backed discrimination against LGBTQ+ people in the West African nation.

The amendment passed on 29 June with unanimous support: all 129 members voted in favour and none opposed the measure. The previous wording in the constitution stated that “marriage and the family constitute the natural and moral foundation of human society, and are placed under the protection of the State,” without specifying the sex of spouses, LGBTQ+ Nation reports.

Same-sex marriage has never been recognised in Senegal. Legislators have now moved to remove any remaining ambiguity, aligning the constitution more tightly with already harsh criminal provisions targeting LGBTQ+ people.

Same-sex sexual activity has been criminalised in Senegal since 1965. Article 319 of the Penal Code defines consensual same-sex intimacy as “unnatural acts,” applying to men and women, and has long enabled arrests, extortion and social persecution.

The recent constitutional change comes amid a broader legislative escalation against LGBTQ+ communities. An anonymous Senegalese source told Erasing 76 Crimes that the ruling PASTEF party appears to be using this reform “to reassure the Senegalese people that it will pursue an anti-LGBT agenda,” particularly after a tightening of the Criminal Code in the spring that raised penalties for so‑called “unnatural acts” to between five and ten years in prison and a fine of up to 10 million CFA francs (about £13,000).

According to the same source, the move also serves domestic political purposes and “helps to rally the ranks within the ruling party following the rifts that led to the dismissal of former Prime Minister Ousmane Sonko.”

In March, the National Assembly adopted a separate bill that toughened the Penal Code still further. The law, passed by 135 votes to zero with three abstentions, doubled the maximum prison term for same-sex relations to ten years. It criminalises “any sexual act or act of a sexual nature between two people of the same sex,” imposes penalties on those who accuse others of same-sex offences “without proof,” and targets “anyone who engages in advocacy” for same-sex relations with prison terms ranging from three to seven years.

During the March debate, lawmaker Diaraye Ba stated, according to Le Monde, “Homosexuals will no longer breathe in this country. Homosexuals will no longer have freedom of expression in this country,” drawing applause from some colleagues and highlighting the increasingly hostile political climate.

Religious and civil society leaders have also pressed for rapid enactment of the measures. Reuters reported that Imam Babacar Sylla, who leads And Samm Jikko Yi, a network of Islamic and civic organisations, urged President Bassirou Diomaye Faye to sign the bill into law without delay. “The longer it takes, the more complicated it will be. And these people, whom I consider a public danger, will continue to escape,” he said.

For LGBTQ+ people in Senegal and across Africa, these developments represent a deepening of legal repression and a stark reminder of the need for global solidarity, inclusive workplaces and safe professional networks. Platforms such as myGwork help connect LGBTQ+ professionals and allies worldwide, providing community, career opportunities and visibility; in a climate where rights are under attack, signing up to myGwork is one practical way to support and strengthen that global LGBTQ+ ecosystem.