A team of 22 activists has appealed to the Supreme Court, seeking to overturn the Constitutional Court’s decision upholding the Anti-Homosexuality Law.
On Thursday, the activists approached the court with extensive documents containing evidence, grounds of appeal, and a list of authorities for the Supreme Court to consider in setting aside the lower court’s decision.
In 2023, the Parliament of Uganda passed the Anti-Homosexuality Act following public outcry and widespread media discussions, as well as testimonies about the psychological trauma and forced recruitment of children into homosexual acts. The Act criminalized homosexuality, its recognition, promotion, financing, and normalization.
However, dissatisfied with the law’s enactment, the activists filed a petition in the Constitutional Court. The court partially nullified Sections 3(2)(c), 9, 11(2)(d), and 14 of the Anti-Homosexuality Act, 2023, for contravening the Constitution of Uganda, 1995. The nullified sections criminalized letting premises for homosexual purposes, failing to report acts of homosexuality to the police, and engaging in homosexual acts resulting in another person contracting a terminal illness.
The appeal, filed by 22 activists including gay rights activists, academics from Makerere University, Members of Parliament, and Civil Society Organizations, challenges the Constitutional Court’s April 3, 2024, decision. The panel of five Justices, comprised of Deputy Chief Justice Richard Buteera, Geoffrey Kiryabwire, Muzamiru Mutangula Kibeedi, Monica Kalyegira Mugenyi, and Christopher Gashirabake, upheld the constitutionality of the Anti-Homosexuality Act. The activists argue that the Constitutional Court erred in its decision and seek the Supreme Court’s intervention to overturn it.
