The court’s decision, based on 14 issues outlined by the parties, will follow the agreement to proceed with the case through written submissions. Lawyers representing the petitioners, including West Budama MP Fox Odoi and lawyer Nicholas Opiyo, confirmed their final submissions would be filed by December 20. The judges presiding over the case include Geoffrey Kiryabwire, Muzamiru Kibeedi, Monica Mugenyi, and Christopher Gashirabake.
The petitions argue that the Anti-Homosexuality Act 2023 contradicts a 2014 Constitutional Court decision, which nullified a similar law. The petitioners claim the new law infringes on the Constitution, alleging it was hastily passed within six days, instead of the required 45 days. They further assert that the law lacked adequate public participation, violating various constitutional articles.
Alternative Titles:
- Legal Challenge: Petitioners Argue Anti-Homosexuality Act Violates Constitutional Principles
- Constitutional Concerns: Petitions Allege Hasty Passage of Anti-Homosexuality Act
- Anti-Homosexuality Act Faces Scrutiny: Constitutional Court to Decide its Legitimacy
The petitioners request the court to nullify the Anti-Homosexuality Act, citing violations of rights and freedoms, including speech and association for the LGBTQ+ community. The case involves prominent figures such as Makerere University Law professors Sylvia Tamale and Busingye Kabumba, as well as several civil society organizations.
Representing the government, the Attorney General argues that the Act aligns with the Constitution and international agreements. Government lawyers stress that the legislation doesn’t alter the 2014 decision and was passed after extensive consultations. The government insists on maintaining the Anti-Homosexuality law, asserting the need to criminalize same-sex relationships.
