Court upholds Anti-gay law, strikes out four sections
Constitutional Court judges during the reading of their ruling in a case challenging the the Anti-Homosexuality Act on April 3, 2024.
What you need to know:
- This law was enacted majorly to protect the children in schools who were being recruited into Homosexuality practices.2
- Ever since the assent to this piece of legislation by President Museveni mid-last year, there has been backlash from the Western world with some countries like America cutting aid to Uganda.
The Constitutional Court in Uganda has largely upheld the controversial Anti-Homosexuality Act, 2023, for being in line with the values and the Constitution of the land.
However, the five justices struck out Sections 3 (2) C, 9, 11 (2)d and 14 for being inconsistent with the Constitution as the same violate the right of Homosexuals to health, privacy and freedom to religion.
"Having held as we have, we decline to nullify the Anti Homosexuality Act 2023 in its entirety, neither do we grant a permanent injunction against its enforcement," ruled Deputy Chief Justice Richard Buteera on behalf of the panel of five justices.
Adding:"We however...declare that Section 3 (2)C, 9, 11 (2)d and 14 of the Anti Homosexuality Act, 2023 violate the right health, privacy and freedom to religion, which rights are respectively recognised in the universal declaration. This petition substantially fails with the following orders; Sections 3 (2)C, 9, 11 (2) d and 14 of the Anti Homosexuality Act are hereby struck down. Each party bears its own costs. Its so ordered."
This law was enacted majorly to protect the children in schools who were being recruited into Homosexuality practices.
READ: Summary of the judgment
About the law
The Anti- Homosexuality Act, 2023 prescribes tough penalties for various offences including participating in promotion, facilitation, and failure to report acts of homosexuality.
Penalties range from death for aggravated homosexuality to imprisonment not exceeding 20 years.
Ever since the assent to this piece of legislation by President Museveni mid-last year, there has been backlash from the Western world with some countries like America cutting aid to Uganda.
In June last year, President Museveni said that the anti-gay law that he assented to on May 26 last year, had been misinterpreted.
He clarified that the Anti-Homosexuality Act 2023 forbids recruitment by homosexuals of non-gay people into the practice of homosexuality, exhibitionism and promotion of sexual orientation, and performing homosexual sex on another person.
The President also dismissed claims that the law would inhibit medical care or access for homosexuals, who are likely to involuntarily go underground, as untrue because no provision prevents a health worker from treating any person.
Speaker of Parliament Anita Among said her attackers in the recent Parliament exhibition, an online campaign that was exposing corruption in the House, were homosexuals who were after her for saying no to practice in the country.
Petitioners
Petitioners in petition 14 include MP Fox Odoi, Frank Mugisha, Pepe Onziema, Jackline Kemigisha, Andrew Mwenda, Kintu Nyango, Jane Nasiimbwa, and Kwizera Linda Mutesi. Vs AG
Petitioners in petition number 15 are; Prof Sylvia Tamale, Andrew Mwenda, Dr Busingye Kabumba, Solome Nakaweesi, Kasha Jackline Nabagesera, Richard Smith Lusimbo, Eric Ndawura, Williams Apako and Human Rights Awareness and Promotion Forum VS AG.
Those in petition number 16 are Robert Rutaro, Musiime Alex Martin, Solomon Nabuyanda, and Let's Walk Uganda Ltd VS AG.
The petitioner in petition number 85 is; Bishop James Lubega Banda VS AG.
