By Patriot corps
In a significant legal development, the Constitutional Court has decided not to nullify the Anti-Homosexuality Act 2023, despite fervent opposition from prominent figures including veteran journalist Andrew Mwenda. The ruling, delivered by Justice Richard Butera, marks a continuation of the contentious legal battle surrounding LGBTQ+ rights in Uganda.
The Anti-Homosexuality Act 2023, passed by Parliament and signed into law by President Museveni in May 2023, has faced intense scrutiny since its inception. Critics argue that the legislation unfairly criminalizes same-sex relationships between consenting adults and imposes harsh penalties, including life imprisonment and the death penalty.
Mwenda, alongside a coalition of activists and legal experts, filed a petition with the Constitutional Court, challenging the constitutionality of the Anti-Homosexuality Act 2023. Their argument centered on the premise that the law infringes upon the fundamental rights of individuals to engage in consensual relationships and violates principles of equality and non-discrimination.
After months of deliberation, the Constitutional Court, led by Deputy Chief Justice Richard Butera, rendered its verdict, unanimously dismissing the petition and upholding the controversial law. In a statement, Justice Butera asserted that the Anti-Homosexuality Act 2023 does not contravene constitutional provisions regarding freedom of practice and profession.
The court’s decision has sparked outrage among LGBTQ+ rights advocates and civil society organizations, who view it as a setback for human rights in Uganda. Mwenda, known for his vocal opposition to government policies, expressed disappointment over the ruling, emphasizing the importance of upholding the rights of all citizens, regardless of sexual orientation.
This latest development underscores the ongoing tensions surrounding LGBTQ+ rights in Uganda, where societal attitudes and legal frameworks often clash with international norms and principles of equality. As the debate continues, activists vow to redouble their efforts to challenge discriminatory legislation and promote inclusivity and tolerance in Ugandan society.