By Editorial,
The Constitutional Court in Kampala has declined to dismiss the Anti-Homosexuality Act, stating that it was primarily enacted to protect children and vulnerable individuals in society.
This decision is outlined in the over 200-page unanimous judgment of the five justices of the Court, led by Deputy Chief Justice, Richard Butera.
They addressed 13 out of the 14 issues framed for determination, answering them in the negative, except concerns regarding the impact of the act on the right to privacy, adequate living conditions, and the right to health for LGBTQ individuals.
The petitioners, including; West Budama MP. Fox Odoi, human rights advocate Nicholas Opio, veteran journalist Andrew Mwenda, and USAID among others argued that certain sections of the Anti-Homosexuality Law violated human dignity, freedoms of association and expression, and the right to engage in lawful trade and business.
However, in their judgment today, the Justices noted that the court has the responsibility to exercise its duties while considering the cultural and societal norms of the people.
They emphasized that any language, literature, or practice contrary to societal aspirations cannot be endorsed. The Court dismissed the petitioners’ evidence suggesting that parliamentary procedures were violated at both the committee and speaker levels among others. END
