I will call him Sochukwuma. A thin, smiling boy who liked to play with us girls at the university primary school in Nsukka. We were young. We knew he was different, we said, ‘he’s not like the other boys.’ But his was a benign and unquestioned difference; it was simply what it was. We did not have a name for him. We did not know the word ‘gay.’ He was Sochukwuma and he was friendly and he played oga so well that his side always won.

In secondary school, some boys in his class tried to throw Sochukwuma off a second floor balcony. They were strapping teenagers who had learned to notice, and fear, difference. They had a name for him. Homo. They mocked him because his hips swayed when he walked and his hands fluttered when he spoke. He brushed away their taunts, silently, sometimes grinning an uncomfortable grin. He must have wished that he could be what they wanted him to be. I imagine now how helplessly lonely he must have felt. The boys often asked, “Why can’t he just be like everyone else?”

Possible answers to that question include ‘because he is abnormal,’ ‘because he is a sinner, ‘because he chose the lifestyle.’ But the truest answer is ‘We don’t know.’ There is humility and humanity in accepting that there are things we simply don’t know. At the age of 8, Sochukwuma was obviously different. It was not about sex, because it could not possibly have been – his hormones were of course not yet fully formed – but it was an awareness of himself, and other children’s awareness of him, as different. He could not have ‘chosen the lifestyle’ because he was too young to do so. And why would he – or anybody – choose to be homosexual in a world that makes life so difficult for homosexuals?

The new law that criminalizes homosexuality is popular among Nigerians. But it shows a failure of our democracy, because the mark of a true democracy is not in the rule of its majority but in the protection of its minority – otherwise mob justice would be considered democratic. The law is also unconstitutional, ambiguous, and a strange priority in a country with so many real problems. Above all else, however, it is unjust. Even if this was not a country of abysmal electricity supply where university graduates are barely literate and people die of easily-treatable causes and Boko Haram commits casual mass murders, this law would still be unjust. We cannot be a just society unless we are able to accommodate benign difference, accept benign difference, live and let live. We may not understand homosexuality, we may find it personally abhorrent but our response cannot be to criminalize it.

A crime is a crime for a reason. A crime has victims. A crime harms society. On what basis is homosexuality a crime? Adults do no harm to society in how they love and whom they love. This is a law that will not prevent crime, but will, instead, lead to crimes of violence: there are already, in different parts of Nigeria, attacks on people ‘suspected’ of being gay. Ours is a society where men are openly affectionate with one another. Men hold hands. Men hug each other. Shall we now arrest friends who share a hotel room, or who walk side by side? How do we determine the clunky expressions in the law – ‘mutually beneficial,’ ‘directly or indirectly?’

Many Nigerians support the law because they believe the Bible condemns homosexuality. The Bible can be a basis for how we choose to live our personal lives, but it cannot be a basis for the laws we pass, not only because the holy books of different religions do not have equal significance for all Nigerians but also because the holy books are read differently by different people. The Bible, for example, also condemns fornication and adultery and divorce, but they are not crimes.

For supporters of the law, there seems to be something about homosexuality that sets it apart. A sense that it is not ‘normal.’ If we are part of a majority group, we tend to think others in minority groups are abnormal, not because they have done anything wrong, but because we have defined normal to be what we are and since they are not like us, then they are abnormal. Supporters of the law want a certain semblance of human homogeneity. But we cannot legislate into existence a world that does not exist: the truth of our human condition is that we are a diverse, multi-faceted species. The measure of our humanity lies, in part, in how we think of those different from us. We cannot – should not – have empathy only for people who are like us.

Read it at The Scoop.