Constitutional Court Upholds Anti-Homosexuality Act 2023, but Strikes Down Certain Sections

Posted on April 03, 2024
By Sean Musa Carter
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In a recent ruling, the constitutional court of Uganda has maintained the Anti-Homosexuality Act 2023, asserting that it does not impede individuals' rights to engage in business and professions. This decision comes following a petition filed by gay activists urging the court to nullify the Act, contending that it criminalizes same-sex relationships among consenting adults.

However, the court, led by Deputy Chief Justice Richard Buteera, opted to strike down Sections 3(2)C, 9, 11(2)d, and 14 of the Act, deeming them inconsistent with the Constitution as they infringed upon the rights of homosexuals to health, privacy, and freedom of religion.

"We decline to nullify the Anti-Homosexuality Act 2023 entirely. Instead, we strike down Sections 3(2)C, 9, 11(2)d, and 14, which violate the rights to health, privacy, and freedom of religion," Justice Buteera elucidated on behalf of the panel of justices.

The Anti-Homosexuality Act 2023, designed primarily to shield children in schools from being lured into homosexuality, imposes severe penalties for various offenses related to homosexuality, including imprisonment and, in certain cases, death.

President Museveni clarified that the Act's purpose is to prevent the recruitment of non-gay individuals into homosexuality, exhibitionism, and the promotion of sexual orientation, rather than obstructing justice.

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