Uganda's Constitutional Court Stands Firm: Controversial Anti-Homosexuality Act Upheld in Landmark Decision

On Wednesday, Uganda's Constitutional Court delivered a significant ruling, upholding the controversial Anti-Homosexuality Act of 2023. 
A panel of five distinguished Justices—Justice Geofrey Kiryabwire, Justice Monica Mugenyi, Justice Kibeedi Muzamiru, and Justice Christopher Gashirabake—led by Deputy Chief Justice Hon. Justice Richard Buteera issued their decision affirming the Act's alignment with the nation of East Africa's values and Constitution.

https://twitter.com/ntvuganda/status/1775457540022620279

But in the middle of the decision, the judges unanimously decided to invalidate four Act parts (3(2) C, 9, 11(2)d, and 14), declaring them to be unconstitutional. 
They admitted that certain provisions violated gay people's rights, especially those related to privacy, health, and religious freedom. 

The Judiciary outlined the nullification of these sections, which included provisions criminalizing the letting of premises for homosexual purposes, the failure to report homosexual acts to the Police, and engaging in homosexual acts that cause terminal illnesses in others, in a statement released shortly after the ruling on April 3, 2024.

The ruling emphasizes the fine line that must be drawn between defending individual rights and maintaining society values. It is a significant development for Uganda's judicial system. Additionally, it emphasizes the judiciary's role in ensuring that laws are constitutional even when they deal with divisive topics like homosexuality. 

Discussions on LGBTQ+ rights, constitutional interpretation, and the wider implications for human rights activism are expected to pick up steam both domestically and abroad as Uganda works through the fallout from this historic ruling.

The complete announcement on the verdict from Uganda's judiciary is provided below.