The Constitutional Court of Uganda has made a decision regarding the Anti-Homosexuality Act, 2023. This law, which has sparked controversy both within Uganda and internationally, aims to protect children in schools from being recruited into homosexual practices.
While the court has largely upheld the Anti-Homosexuality Act, it has struck out four sections deemed inconsistent with the Constitution. These sections, including 3(2)C, 9, 11(2)d, and 14, were found to violate the rights of homosexuals to health, privacy, and freedom of religion.
Deputy Chief Justice Richard Buteera, speaking on behalf of the panel of five justices, stated that while these sections were removed, the Act as a whole would not be nullified. Instead, the court’s decision aims to balance the protection of rights while upholding the values of the Constitution.
The Anti-Homosexuality Act, 2023, imposes severe penalties for various offenses related to homosexuality, ranging from imprisonment to death for aggravated cases. Since its enactment by President Museveni last year, the law has faced criticism from the Western world, leading to repercussions such as aid cuts from countries like America.
President Museveni clarified the intent of the law, emphasizing its focus on preventing recruitment into homosexual practices, exhibitionism, and the promotion of sexual orientation. He refuted claims that the law would hinder access to medical care for homosexuals, stating that healthcare workers are not prohibited from treating any person.
In the midst of debates surrounding the law, Speaker of Parliament Anita Among claimed to have been attacked by homosexuals for opposing their practices in the country. This highlights the contentious nature of the issue within Ugandan society.
Various petitions challenging the Anti-Homosexuality Act were filed in court, representing different individuals and groups. These petitioners include Members of Parliament, human rights activists, and organizations advocating for LGBTQ+ rights.
