On Wednesday, Uganda’s highest court decided that the country’s Anti-Homosexuality law fits within its constitution. On May 26th, 2023, President Yoweri Museveni approved the Anti-Homosexuality Bill, making it an official law.
However, the court removed a few parts of the law. It made letting spaces for gay activities legal again. People no longer have to report suspected homosexuality to police. And those with terminal illnesses can’t face charges for being gay.
Uganda’s court looked at the special parts of the Constitution. It asks courts to think about the country’s cultural ideas and hopes when making decisions. The court said the Anti-Homosexuality Act fits with Uganda’s society. Most elected leaders voted for it.
People who wanted to cancel this 2023 law are not happy. The law makes consensual same-sex acts a crime. They plan to appeal to the Supreme Court.
The Constitutional Court had members such as Deputy Chief Justice Richard Buteera, Geoffrey Kiryabwire, Muzamiru Mutangula Kibeedi, Monica Mugenyi, and Christopher Gashirabake.
The four main petitions came from various groups. West Budama MP Fox Odoi and seven others were involved. Also, Makerere University Professor Sylvia Tamale, Dr. Busingye Kabumba and seven others contributed. Lawyer Robert Rutaro and three others, and Bishop James Lubega Banda participated too.
The petitioners wanted to remove the law criminalizing consensual same-sex relations among adults. They argued the Anti-Homosexuality Law imposed severe penalties like death and heavy fines.
They said it infringed on constitutional articles related to personal freedoms, human rights, and dignity. They also said it hindered the fight against HIV/AIDS.