Gay Couple Arrested in African Nation--for Marrying

by Kilian Melloy

EDGE Staff Reporter

Tuesday December 29, 2009

A gay couple in Malawi celebrated a traditional marriage ceremony, only to be placed under arrest for it. The charge: "gross public indecency."

The arrest comes even as another African nation, Uganda, mulls new legislation that would put gays to death for certain sexual offenses.

The Dec. 26 ceremony celebrated the union of Tiwonge Chimbalanga and Steven Monjeza, reported a Dec. 29 Pink News article that went on to note that in Malawi sexual acts between consenting adults of the same gender are punished with long prison sentences of up to 14 years.

The Malawi government fended off attempts to modernize the country's anti-gay penal code, the article said. Gays are often prosecuted under provisions against "indecency," though "unnatural offenses" are also invoked to render gay intimacy illegal under Malawi law.

"We arrested them last night at their home and charged them with gross public indecency because the practice is against the law," said Dave Chingwalu, a spokesperson for the Malawi police.

Many African nations have anti-gay laws on the books, some of which prescribe the death penalty for same-sex intimate contact. Such is the case in Nigeria, Mauritania, and Sudan, with Uganda poised to join the ranks of African countries that impose capital punishment for gay relationships. Uganda's contemplation of the death penalty for gays who repeatedly have sex with consenting partners of the same gender, and for HIV-positive gays who have sexual contact, has sparked international protests.

Other African states do not criminalize gay relationships; South Africa is one of the world's nations where marriage equality for gay and lesbian families is legal.

In the West, Malawi is known as a nation that pop singer Madonna has worked to benefit by establishing a charity to provide food, medical care, and education for Malawi orphans. Madonna has also adopted two Malawi children.

Kilian Melloy serves as EDGE Media Network's Associate Arts Editor and Staff Contributor. His professional memberships include the National Lesbian & Gay Journalists Association, the Boston Online Film Critics Association, The Gay and Lesbian Entertainment Critics Association, and the Boston Theater Critics Association's Elliot Norton Awards Committee.