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Ugandan judges ruled against the Anti-Homosexuality Act last Friday.
Image: Black Sheep Media / Shutterstock.com |
A
panel of five Ugandan judges ruled
against an anti-gay law last Friday, not due to human rights issues, but
because they determined it was passed by Parliament without a proper
quorum. The Anti-Homosexuality Act,
signed into law in February of this year by President Yoweri Museveni, punished
homosexual behavior with life in prison.
The
Ugandan anti-gay movement began in 2009, when a group of American preachers
encouraged Ugandan legislators to put together a bill that would allow gay
people to be put to death. Upon hearing that
Western countries, including the Netherlands, Norway, Denmark, and the United
States were prepared to cut or postpone millions of dollars of aid to Uganda
due to the potential repercussions of the law, President Museveni amended the
bill to make “aggravated homosexuality” punishable by life in prison.
Now
that law is being contested, perhaps originating from the very start of the
hearing, when Principal State Attorney Patricia Mutesi’s several requests for
dismissal due to a lack of evidence regarding the quorum was denied. The
judges stated that the responsibility rested with the Attorney General to
prove that there was a quorum—and that proof was not forthcoming.
Sylvia
Tamale, a Ugandan law professor and supporter of gay rights, has echoed the thoughts
of those who are pleased with the ruling but are concerned that harassment of
the LGBT community in Uganda will continue, as “the court did not deal with the
substantive issues that violate our rights.”
What
impact this ruling will have on future financial aid from Western countries has
yet to be determined. In addition,
President Museveni may still decide to appeal, as the judges’ decision does not
indicate a decisive stand on the issue at large, theoretically allowing
Parliament to pass the law again if it so chooses.
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