This semester, the Advocates Africa team at CGJ had the opportunity to contribute legal research in support of ongoing litigation concerning the recognition of LGBTQIA2S+ marriage in Botswana. The project presented an opportunity to contribute to an developing issue in Botwsana’s law while exploring the intersection of constitutional interpretation, legislative authority, and comparative international law.
Our research began with an examination of Botswana’s legal framework, including its Marriage Act, constitutional provisions, and relevant judicial decisions. In order to provide a broader legal context, our team also conducted a comparative analysis of marriage legislation and judicial developments across African jurisdictions, focusing especially on Botswana’s neighboring countries. We also examined a few key jurisdictions outside the continent of Africa, identifying different approaches to constitutional and statutory interpretation as applied to legal recognition of marriages. These comparisons highlighted the importance of considering each country’s distinct legal framework when evaluating foreign authorities.
The project offered valuable insight into the complexities of international legal research, particularly when examining issues shaped by differing constitutional structures, legislative histories, and cultural contexts. We are grateful for the opportunity to contribute to meaningful legal work across international borders and to support the attorneys navigating these complex questions.
This post was written by a Center for Global Justice Intern. The views expressed in this post do not necessarily reflect those of Regent University, Regent Law School, or the Center for Global Justice.