Uganda Constitutional Court declines to block anti-gay law but sees rights infringed

However, the five justices struck out Sections 3 (2) C, 9, 11 (2)d and 14 for being inconsistent with the Constitution as they violate the right to health, privacy and freedom to religion.

“We decline to nullify the Anti-Homosexuality Act 2023 in its entirety, neither do we grant a permanent injunction against its enforcement,” ruled Deputy Chief Justice Richard Buteera on behalf of the panel of five justices.

“We however declare that Section 3 (2)C, 9, 11 (2)d and 14 of the Anti-Homosexuality Act 2023 violate the right health, privacy and freedom to religion, which rights are respectively recognized in the universal declaration. This petition substantially fails with the following orders: Sections 3 (2)C, 9, 11 (2) d and 14 of the Anti-Homosexuality Act are hereby struck down. Each party bears its own costs. It’s so ordered,” she added.

The top court set December 11 to hear four petitions challenging the legality of the Anti-Homosexuality Law that was enacted in May 2023.

The enactment drew protests and condemnation from Western capitals including Washington, with many governments threatening actions. US President Joe Biden went further and struck off Kampla and three other African countries as beneficiaries of the African Growth and Opportunity Act (Agoa).

The law was enacted majorly to protect the children in schools who were being recruited into homosexuality practices.