The Constitutional Court has on Wednesday rejected a petition to overturn the anti-gay law.
Deputy Chief Justice Richard Buteera declined to nullify the Anti- homosexuality Act 2023 in its entirety.
“We decline to nullify the Anti-Homosexuality Act 2023 in its entirety, neither will we grant a permanent injunction against its enforcement,” Deputy Chief Justice Buteera announced in a landmark ruling in Kampala.
In a press release by the Judiciary, Ugandan justice noted that “the Parliament passed the Anti-Homosexuality Act following public outcry, social and broadcast media discussions and homosexuality victim’s painful and gruelling stories of children and families that were dying in silence from psychological trauma of forced recruitment of children into homosexual acts.”
The Anti-Homosexuality Act criminalizes homosexuality, it’s recognition, promotion, financing and normalisation. Offenders face penalties up to life imprisonment and also acts of “aggravated homosexuality”, punishable by death.
However, the petition successfully nullified sections of the law that criminalised the letting of premises for use for homosexual
purposes, the failure by anyone to report acts of homosexuality to the Police for
appropriate action, and the engagement in acts of homosexuality by anyone which
results into the other persons contracting a terminal illness.
The constitutional court upheld other provisions noting that the law reflects the Ugandan society.
“Anti-Homosexuality Act being, in general, a reflection of the socio-cultural realities of the Ugandan society, and was passed by an overwhelming majority of the democratically elected representatives of the Ugandan citizens,” part of the statement reads.
When the law was enacted in May 2023, the World Bank halted lending to Uganda and the United States announced visa and travel restrictions against Ugandan officials.
The petitioners mainly dons from Makerere University, can appeal against the ruling in the Supreme Court, the last court of appeal.
