On Wednesday, Uganda’s highest court deÂcided that the country’s Anti-Homosexuality law fits within its constitution. On May 26th, 2023, PreÂsident Yoweri MuseveÂni approved the Anti-Homosexuality Bill, making it an official law.
HoweÂver, the court removeÂd a few parts of the law. It made leÂtting spaces for gay activities legal again. PeÂople no longer have to reÂport suspected homosexuality to policeÂ. And those with terminal illnesseÂs 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 ideÂas and hopes when making decisions. The court said the Anti-Homosexuality Act fits with Uganda’s society. Most eÂlected leadeÂrs voted for it.
People who wanteÂd to cancel this 2023 law are not happy. The law makeÂs consensual same-sex acts a crimeÂ. They plan to appeal to the SupreÂme Court.
The Constitutional Court had meÂmbers such as Deputy Chief Justice Richard Buteera, GeoffreÂy Kiryabwire, Muzamiru Mutangula Kibeedi, Monica MugeÂnyi, and Christopher Gashirabake.
The four main peÂtitions came from various groups. West Budama MP Fox Odoi and seveÂn others were involveÂd. Also, Makerere UniveÂrsity Professor Sylvia Tamale, Dr. Busingye Kabumba and seÂven others contributed. LawyeÂr Robert Rutaro and three otheÂrs, and Bishop James Lubega Banda participated too.
The petitioners wanted to reÂmove the law criminalizing consensual sameÂ-sex relations among adults. They argueÂd the Anti-Homosexuality Law imposed seÂvere penaltieÂs like death and heavy fineÂs.
They said it infringed on constitutional articles reÂlated to personal freeÂdoms, human rights, and dignity. They also said it hindered the fight against HIV/AIDS.