| Part of theLGBTQ rights series |
Recognized |
Civil unions or registered partnerships but not marriage |
See also
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Notes
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 LGBTQ portal |
Botswana does not recognizesame-sex marriages orcivil unions. TheMarriage Act, 2001 does not provide for the recognition of same-sex unions.
Same-sex sexual relations were previously outlawed in Botswana under a British colonial-era law. This law was struck down by theHigh Court inLetsweletse Motshidiemang v The Attorney-General in 2019, a ruling later upheld by an appellate court in 2021. This ruling, along with reforms to the employment law forbidding hiring discrimination on the basis ofsexual orientation in 2010 and the registration of Botswana's largest LGBT advocacy organisation,LEGABIBO, in 2016,[1] have cemented Botswana as a "[leader] in Southern Africa".[2][3] Nevertheless,discrimination and abuse against LGBT people remain a "daily reality for many" and laws do not permit or recognisesame-sex marriages orcivil unions.[4]
TheMarriage Act (Act 18 of 2001, Chapter 29:01;Tswana:Molao wa Manyalo;[5]Kalanga:Tjisungo tjeNlayo we Ndobolo) does not expressly forbid same-sex marriages and does not contain a definition ofmarriage. However, it generally refers to married spouses as "husband" and "wife".[6] TheConstitution of Botswana also does not explicitly forbid marriages between people of the same sex.[7] In 2021, a spokesperson for LEGABIBO said the issue of same-sex marriage was "likely to arise in [the] future", noting that the 2019 High Court judgement inLetsweletse Motshidiemang "might be relevant then" and hoping that "future possibilities may also include a change of law and acceptance of society towards gay marriages". "The offensive provisions of the Penal Code have long been struck down by the High Court and so same-sex conduct has not been criminal since then. This has opened new avenues for conversations to be heard regarding gay rights in total", they added.[8] In addition, civil partnerships are not recognised in Botswana. This means that cohabiting same-sex couples do not enjoy the same rights and benefits as married couples, including with regard toinheritance, tax benefits,adoption andalimony, among others.
In 2024, the Ministry of Labour and Home Affairs announced its intention to review theMarriage Act. It invited LGBT activists to participate in reviewing the legislation.[9] The Ministry reported that "[t]hroughout the workshop, stakeholders addressed the challenge of balancing Botswana's diverse cultural and religious traditions with the need for a modern, inclusive legal framework. [...] As the workshop concludes, stakeholders are finalizing recommendations expected to guide the amendments to theMarriage Act. These outcomes aim to create a legal framework that respects Botswana's traditions while embracing progress and inclusivity." The government has not shown any signs of amending theMarriage Act since then.
In 2025, a same-sex couple, Bonolo Selelo and Tsholofelo Kumile, submitted Botswana's first constitutional challenge seeking legal recognition of same-sex marriage.[10] They filed proceedings with the High Court, arguing that section 10(2) of theMarriage Act infringes Sections 3 (fundamental rights and freedoms), 7 (protection from inhuman treatment), 12 (freedom of expression), 13 (freedom of assembly and association), and 15 (protection from discrimination) of the Constitution of Botswana. The plaintiffs stated that their relationship began in October 2023 and that they became engaged in June 2024. In April 2025, accompanied by two witnesses, they attempted to register for thepublication of banns at the Department of Civil and National Registration inGaborone. Their application was rejected on the basis that Botswana law does not permit marriage between people of the same sex. After being referred to the Department's head office, they were again refused and reportedly advised to consider marrying inSouth Africa, wheresame-sex marriages are recognised. The couple argued that marrying outside Botswana would deprive them of the full legal rights and protections associated withcivil marriage in their home country, including inheritance rights, medical decision-making authority and spousal recognition. They further contended that denying them access to marriage perpetuates social stigma and renders same-sex couples second-class citizens despite being "full contributing members of society". The case remains pending before the High Court, following a hearing held on 6 February 2026.[11][12]
While theTswana historically practicedpolygamy,[13] there are no records of same-sex marriages being performed in local cultures in the way they are commonly defined inWestern legal systems. However, there is evidence for identities and behaviours that may be placed on the LGBT spectrum.[14] Contemporary oral evidence suggests that same-sex relationships were "common" and "prevalent" among Tswana miners in South Africa in the early 20th century. It was during this time through the mining compounds and the influence of South African languages that the contemporary termmatanyola, meaning "anal sex", entered theTswana language.[15] These relationships differed strongly from the Western understanding of same-sex marriages, as men who entered these "mine marriages" continued to marry women and "conform, or appear to conform, to gender expectations" and would not consider themselves as homosexual or bisexual, or "unfaithful to [their] marriage vows.[16] This practice gradually disappeared as Botswana became moremodernized and exposed to Western culture andhomophobia in the 20th century.[17][18]Anal intercourse between men became illegal under colonial law during this time. The law was struck down by the High Court in 2019.[19]
Evidence also suggests that same-sex sexual activity was previously "common and relatively accepted" by theSan peoples.[20] While the San maintain a system of simple marriage, they often practicepolygamy andspousal exchange (ǃXóõ:ʼǁnūhm ʼǂná̰la ká).[21][22]
The Catholic Church, which has two dioceses in Botswana, one inGaborone and the other inFrancistown, opposes same-sex marriage and does not allow its priests to officiate at such marriages. In December 2023, theHoly See publishedFiducia supplicans, a declaration allowingCatholic priests tobless couples who are not considered to bemarried according to church teaching, including theblessing of same-sex couples.[23] TheSouthern African Catholic Bishops' Conference, representing bishops in Botswana, South Africa and Eswatini, released a statement saying that "the document offers suggestions for when and how the blessings might be given. The Southern African Catholic Bishops Conference will guide further on how such a blessing may be requested and granted to avoid the confusion the document warns against. In the meantime, the suggestions offered by the declaration may be taken as a guide with prudence."[24][25] In 2015, the synod of theEvangelical Lutheran Church in Southern Africa discussed same-sex unions but concluded that "a marriage is understood as a union only between a man and a woman. Furthermore the valid and unchanged position of our Church is that the blessing of same sex unions is rejected."[26] In 2020, theMethodist Church of Southern Africa voted to allow members, including ordained clergy, to enter into same-sex unions, while retaining the denomination's teaching that marriage is a union "between a man and a woman".[27][28] TheChurch of the Province of Central Africa, part of theAnglican Communion, holds that "marriage, by divine institution, is a lifelong and exclusive union and partnership between one man and one woman".[29]
In 2015, the General Synod of theDutch Reformed Church voted by a 64% majority to recognise same-sex marriages, bless the relationships of same-sex couples and allow gay ministers and clergy (who are not required to becelibate). The decision applies to 9 of the 10 synods; with theNamibia Synod being excluded, but it does apply to the Northern Cape and Northern synods, which include parts of Botswana.[30] The decision caused backlash and objections, resulting in it being reversed a year later. A dozen church members subsequently took the denomination to court to restore the 2015 decision. In 2019, the North Gauteng High Court reversed the decision, ruling that while religious organizations have the freedom to define marriage the 2016 decision to ban same-sex marriage was not made in accordance with the church's proper process.[31][32] A freedom of conscience clause allows pastors with objections to opt out of performing same-sex weddings, so that individual pastors are free to choose whether to bless same-sex marriages.
A 2024 survey by The Other Foundation showed that 70% ofTswana people opposed same-sex marriage.[33]
