“GOD DIDN’T CREATE ADAM & STEVE” — STATE DEFENDS ANTI-GAY LAW IN COURT
…..‘Even licking is now evidence?’ – Isaac Mwanza fires back as court hears bold arguments
In a dramatic courtroom exchange that had both lawyers and observers shifting in their seats, the State this week argued that same-sex relationships and even certain heterosexual bedroom antics are “unbiblical” and “unnatural,” as it fought to uphold Zambia’s controversial Section 155 of the Penal Code.
At the heart of the matter is a petition filed by governance activist Isaac Mwanza, who is challenging the constitutionality of the law that criminalizes “carnal knowledge against the order of nature.” But instead of a dry legal debate, the courtroom became something of a theological and anatomical lecture with a splash of street-corner philosophy.
“The creation of man and woman was meant for one thing multiplication, not experimentation,” argued the State. “Even the Bible knows the difference between a plug and a socket!”
The State emphasized that God didn’t create “Adam and Steve,” and further warned against “unnatural” practices including a man “licking a woman’s private parts,” which they claimed goes against both biology and divine design.
“This law was made to ensure that what enters is meant to enter and what exits should remain as an exit,” said one State lawyer, sending a few raised eyebrows across the courtroom. One observer was overheard whispering, “So now even bedroom styles have to go through Parliament?”
Referencing Article 18(8) of the Constitution, the State insisted that Section 155 is clearly written, and that any “confusion” lies not in the law but in “modern habits imported from the internet and Netflix.”
But Mwanza wasn’t having any of it. “What makes sex unnatural between a man and a woman? Is it the style? Are we now sending police to inspect under the covers?” he asked.
He argued that the law is vague, ambiguous, and open to abuse. “It’s like arresting someone for ‘eating nshima the wrong way’ without telling us what the right way is. What’s unnatural the fork, the hand, or the appetite?” Mwanza quipped, to soft chuckles from the gallery.
He further accused the State of turning the Constitution into a Sunday sermon. “We came for law, but now we’re being told to open Genesis instead of the Penal Code,” Mwanza noted.
At one point, the State’s submission prompted a side remark from a lawyer sitting in the public gallery: “If this goes on, we’ll need to bring in the clergy to co-author the next Penal Code revision!”
Mwanza emphasized that equality and non-discrimination are not theoretical ideals, but rights enshrined in the Constitution. “We are not here defending any bedroom party we are asking the court to fix a law that was drafted like a village rumour: full of fear, but no facts.”
He urged the Constitutional Court to strike down the section for being overbroad and outdated, likening it to using a typewriter to write TikTok captions. “The law must evolve not every new idea is a threat to tradition,” he said.
The case has ignited both public debate and WhatsApp group banter, with many asking if the State will now begin licensing bedroom activities. As one Kabwata resident put it: “This law will need CCTV in bedrooms to work. Who’s going to volunteer?”
The Constitutional Court has reserved its ruling, as the country watches closely perhaps not just for the legal outcome, but also to see if Zambia is ready to talk openly (and less nervously) about matters of love, law, and loins.
April 11, 2025
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