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Senegal’s Constitutional Council Blocks Same-Sex Marriage Amendment Amid Political Turmoil

7/14/2026, 12:36:25 AM

Constitutional Council Blocks Same-Sex Marriage Amendment

On 9 July 2026 the seven-member Constitutional Council struck down a constitutional amendment that would have defined marriage as “the union between a man and a woman.” The amendment, approved unanimously by the National Assembly on 29 June 2026 (129 votes, no opposition), was rejected on procedural grounds, including the absence of a budget line for a future Constitutional Court and the government’s inability to submit observations through standard channels. The council’s decision prevents the text—including the marriage ban—from being placed before a referendum, a step previously suggested by President Bassirou Diomaye Faye.

Political Power Struggle Behind the Reform

The amendment formed part of a broader institutional reform package aimed at shifting Senegal from a presidential to a parliamentary system. The reform would have reduced the president’s powers, making the role largely ceremonial while a prime minister drawn from the parliamentary majority would wield executive authority. The power shift pits President Bassirou Diomaye Faye against former prime minister and current National Assembly speaker Ousmane Sonko, both members of the Patriots of Senegal (PASTEF) party. The Constitutional Council’s members were appointed by former President Macky Sall, a political opponent of Sonko, adding another layer to the intra-elite contest.

Implications for LGBTQ+ Rights

Although same-sex marriage has never been legal in Senegal, the proposed amendment would have entrenched the ban constitutionally, blocking any future legislative route to marriage equality. Human rights observers note that the amendment follows earlier anti-LGBTQ+ measures, such as the March 2026 law doubling the maximum prison term for same-sex sexual activity to ten years and criminalising the “promotion” of homosexuality. The Human Dignity Trust reports “substantial evidence of Senegal’s anti-LGBTQ+ laws being enforced, with LGBT people frequently facing arrest, arbitrary detention, discrimination and violence.”

Official Responses

The Constitutional Council cited procedural irregularities and fiscal omissions as reasons for its veto. President Faye, who had earlier indicated a referendum on the reforms, now faces a stalled constitutional agenda. No official statement from the council or the president directly addressed the LGBTQ+ dimension of the amendment.

Verbatim Quotes

  • “The constitutional amendment effectively blocks any future attempt to introduce marriage equality through ordinary legislation.” — political observer quoted in Gay Express
  • “Human rights groups have warned that the changes deepen an already hostile climate for LGBTQ+ people in Senegal, where arrests, public hostility and political scapegoating have intensified.” — Gay Express report
  • “The Human Dignity Trust says there is substantial evidence of Senegal’s anti-LGBTQ+ laws being enforced, with LGBT people frequently facing arrest, arbitrary detention, discrimination and violence.” — Gay Express report