[1][2] This law stipulated a penalty of five years' imprisonment for consensual, private sexual relations between people of the same sex.
[4] Laws prohibiting discrimination on the basis of sexual orientation,[5] and a more welcoming and accepting society relative to other African nations have cemented Mauritius as one of "Africa's most LGBT-friendly countries".
[10] The Constitution of Mauritius does not explicitly ban same-sex marriages, but prohibits discrimination on a variety of grounds including race, creed or sex.
The Supreme Court held in 2023 in Ah Seek v The State of Mauritius that the category "sex" includes sexual orientation.
[11] However, the court did not rule whether this constitutional prohibition of discrimination guarantees same-sex couples the right to marry.