Ugandan Judges Rule Against Anti-LGBT Law

kampala, uganda street
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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