The constitutional court in Uganda has ruled against nullifying the Anti-Homosexuality Act 2023, citing that it does not infringe upon the right to engage in business and professions.
Gay activists a few days ago had petitioned the court to nullify the Act, arguing that it criminalizes same-sex relationships among adults.
However, the court struck down Sections 3 (2) C, 9, 11 (2)d, and 14, finding them inconsistent with the Constitution as they violated the rights of homosexuals to health, privacy, and freedom of religion.
Deputy Chief Justice Richard Buteera, speaking on behalf of the panel of justices, stated, “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.”
The Act, enacted primarily to protect children in schools from being recruited into homosexuality, imposes severe penalties for various offenses related to homosexuality, including imprisonment and, in certain cases, death.
President Museveni clarified that the Act aims to prevent the recruitment of non-gay individuals into homosexuality, exhibitionism, and the promotion of sexual orientation, rather than inhibiting medical care for homosexuals.
The enactment of this law has sparked backlash from Western countries, with some, like the United States, cutting aid to Uganda.
The Speaker of Parliament, Anita Among claimed a couple of days back that her recent attackers during an online campaign exposing corruption were homosexuals protesting her stance against homosexuality in the country.
Several petitions challenging the Act were filed, including those by MP Fox Odoi, Frank Mugisha, Andrew Mwenda, Kwizera Linda Mutesi and various other individuals and organizations, citing violations of constitutional rights.
