NOT OVER YET! LGBTQ Petitioners Announce Next Step After Constitutional Court Ruling

Activists pushing for the repealing of the Anti Homosexuality Law have lifted lid for the first time following a ruling by the Constitutional Court to uphold the bill.

Uganda’s Constitutional Court has rejected petitions challenging the enactment of the Anti-Homosexuality Act, 2023.

“We decline to nullify the AHA 2023 in its entirety, neither will we grant a permanent injunction against its enforcement,” the judges led by Deputy Chief Justice Richard Butera ruled on Wednesday morning at the Constitutional Court in Kampala.

Butera said the ruling was unanimous for the 5-member court.

However, the Court nullified Sections 3(2)(c), 9, 11(2)(d) and 14 of the Anti-Homosexuality Act, 2023 for contravening the Constitution of Uganda, 1995.

The nullified Sections had 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 person contracting a terminal illness.

The court dismissed claims that the Anti-Homosexuality Act violates the right to practice business and profession by restricting content promoting homsexuality, saying the law aims to uphold societal morals by limiting the use of media to publish or broadcast offensive material.

“Evidence on record is that the Anti-Homosexuality Act was enacted against the backdrop of the recruitment of children into the practice of homosexuality,” said Butera, adding, “That is the mischief that Section 11 of the Act seeks to address.”

While staying the the disqualification of homosexual convicts from employment in child care institutions under Section 12 and 13 of the Act, the court said the law is intended to protect children and vulnerable groups in society.

Celebrated Lawyer and Himan Rights activist, also one of the petitioners, Nicholas Opio took to his microblogging site X, formerly Twitter to lay out his feeling on the just released ruling where he seemed to disagree with the court.

“The court delivered the summary judgment, declining to nullify Uganda’s anti-homosexuality law. We disagree with the findings but look forward to receiving their detailed reasoning and consulting on our next steps. To base a decision on public sentiments, purported cultural values, and unfounded/unsubstantiated allegations of recruitment into homosexuality is strange, to say the least. You come to court expecting it to rise above public bigotry and sentiments. To that extent, it is a letdown, but we will see what next steps can be taken.” Opio said.