A petition calling for the removal of Malcolm Bishop KC, Tonga’s newly appointed Chief Justice, has ignited a fierce debate over the country’s treatment of LGBTQ+ individuals.
Just three days after Bishop took office, a group of Tongan lawyers submitted the petition, arguing that his long-term same-sex relationship conflicts with the nation’s legal and moral values.
Led by members of Tonga’s Law Society, the petition targets Bishop’s sexual orientation, alleging that his personal life is incompatible with Tonga’s laws, which criminalise homosexuality. Under the country’s Criminal Offences Act, anyone convicted of “sodomy” faces up to 10 years in prison. The petition argues that having a gay Chief Justice could undermine Tonga’s legal stance, which harshly penalises same-sex relationships.
Bishop’s appointment was made by King Tupou VI, following advice from the Privy Council, a body that includes influential church leaders. While the judiciary selection process is typically based on legal qualifications and merit, the petition’s focus on Bishop’s private life has drawn criticism from human rights advocates, who see it as a clear case of homophobia. The petition has also raised broader concerns about the role of religious and cultural conservatism in shaping Tonga’s judiciary and legal system.
LGBTQI+ groups have condemned the petition, pointing out that Tonga’s sodomy laws disproportionately affect LGBTQ+ people, fostering a culture of discrimination and fear. “This petition is not about legal merit—it’s about using outdated laws to justify homophobia,” said one LGBTQ+ rights advocate. These groups have noted that while the law is rarely enforced, its existence alone perpetuates stigma and reinforces the marginalisation of LGBTQ+ individuals.
Tonga remains one of the few countries in the world where homosexuality is still illegal. Despite growing international pressure to reform such laws, Tonga has maintained its strict stance on LGBTQ+ rights, largely due to the strong influence of conservative Christian values. Many in the petition’s camp argue that traditional Tongan society upholds marriage solely between a man and a woman, and see Bishop’s appointment as a threat to these beliefs.
According to Tongan media executive Kalafi Moala, the decision-making process behind Bishop’s appointment also involves significant input from church leaders. “The Privy Council, which advises the King, includes key figures from the church, so this petition reflects not just legal concerns but deep-rooted moral opposition to LGBTQ rights,” Moala said. He noted that including religious figures in the judicial appointment process makes it particularly surprising that Bishop was chosen, given his open relationship with another man.
As the debate over Bishop’s appointment continues, LGBTQ+ activists have highlighted how Tonga’s anti-LGBTQ+ laws violate basic human rights. “In most parts of the world, laws like these have been repealed as societies move towards equality,” one activist said. “But in Tonga, this outdated law is being used as a weapon to undermine a qualified judge simply because of who he loves.”
The petition’s focus on Bishop’s sexual orientation rather than his legal expertise raises troubling questions about the intersection of personal bias and professional merit in Tonga’s judicial system. For LGBTQ+ advocates, it has exposed the extent to which discriminatory laws can still be used to block progress and reinforce institutionalised homophobia.
A protest march is reportedly being planned to formally present the petition to the King. With no official response yet from the Royal Palace or the Privy Council, the future of Bishop’s role remains uncertain. However, the controversy has placed a spotlight on Tonga’s refusal to join the global shift towards LGBTQ+ equality and the ongoing influence of homophobic laws in the Pacific nation.
