In 2019, Botswana's High Court struck down the country's laws that had made homosexual sex a crime. The decision was appealed by Botswana's Government, but it was unanimously rejected by Botswana's Court of Appeal.

Botswana’s laws regarding marriage do not explicitly define marriage as between one man and one woman or explicitly state that same-sex marriage should not be recognized. The country has also not, however, legalized same-sex marriage, nor have they recognized it.

In Botswana, there are no laws restricting the discussion or promotion of LGBTQ+ topics.

In 2017, before Botswana's High Court, a transgender man and a transgender woman each successfully contested the Registrar of National Registration's refusal to amend the gender marker on their identity documents. Both individuals invoked Section 16 of the National Registration Act (Act No. 26) (1986), which empowers the Registrar to alter any particulars of a registered person and issue new identity documentation in the event of a significant change in circumstances. These landmark cases have established a precedent for other transgender individuals seeking to update their gender markers on official documents. Subsequently, following the court's rulings, at least 10 transgender individuals have been able to amend their legal gender markers without resorting to legal action.

Gender affirming care is not banned and the right to a legal gender change became recognized on this date.

No laws in place to recognize non-binary people.

In June 2019, the High Court of Botswana ruled that "sex", as defined in Section 3 of the Botswana Constitution, should be "generously and purposively interpreted" to include "sexual orientation".

The Employment Act (2010) prohibits employers from terminating contracts of employment on the basis of "sexual orientation".

There are no laws that protect gender identity from discrimination

Botswana provides protection from discrimination in employment on the basis of sexual orientation but not gender identity. However, the law was not enforced.

No protections available in Botswana for sexual orientation or gender identity for housing.

No other laws in place.

In April 2024, a bill to amend the Constitution, including a new clause aimed at "protecting intersex individuals and people with disabilities from discrimination" was presented by a minister in Botswana. But so far, there are no laws banning invasive and unnecessary surgical procedures on intersex children.

There are no official sources from the Ministry of Health regarding prohibitions on donating blood.

In 2014, the Ministry of Health denied banning gays and lesbians from donating blood. However, the same year the National Blood Transfusion Services (NBTS) confirmed the ban.