Uganda Constitutional Court Strikes Down Anti-Homosexuality Law

Submitted By Darren Smith, Weekend Contributor

Coat_of_arms_of_ugandaThe nation’s top constitutional court invalidated the Uganda’s highly controversial anti-homosexuality law, citing improper parliamentary procedures. The opinion cites that the Speaker of the House acted illegally when she allowed the original bill to be voted for passage by MPs despite the lack of a quorum in the chamber. Afterward, President Museveni signed the legislation into law.

Activists held the decision as a significant victory in for civil rights in Uganda, but will this be only a temporary legal reprieve?

Under the legislation, individuals can be imprisoned for engaging in homosexual acts or “promoting homosexuality.” Additionally, failure to report acts of homosexuality by witnesses can also lead to prosecution and imprisonment.

Yet a worse situation arises in that the law provides for life imprisonment as the maximum penalty for “aggravated homosexuality.” This category of offenses is defined as repeated gay sex between consenting adults and acts involving minors, a disabled person, or where one partner is infected with HIV.

Amnesty International stated the law was a first step in reversing the government persecution of citizens of Uganda. The group cited having proof of numerous examples of arbitrary arrest, extortion and police abuse of lesbian, gay, and transgendered individuals.

“Even though Uganda’s abominable Anti-Homosexuality Act was scrapped on the basis of a technicality, it is a significant victory for the Ugandan activists who have campaigned against this law.”

128px-Gay_flag.svgYet there still remains to be seen how willing politicians are to move forward in recognizing the privacy and speech rights of citizens.

Deutsche Welle reports David Bahati, the Ugandan parliamentary deputy who introduced the bill, which initially proposed the death penalty for homosexuality, said the government would appeal the ruling. He said he was confident the law would remain in force.

Critics have said Museveni signed the bill into law to win domestic support ahead of a presidential election scheduled for 2016.

Externally, a multitude of sanctions imposed by Western Nations possibly influenced the decision by the court and in the background the government. US Secretary of State John Kerry likened the law to anti-Semitic legislation in Nazi Germany in the 1930s.

It remains to be seen how committed Uganda is toward equality in its society.

By Darren Smith


Deutsche Welle

The views expressed in this posting are the author’s alone and not those of the blog, the host, or other weekend bloggers. As an open forum, weekend bloggers post independently without pre-approval or review. Content and any displays or art are solely their decision and responsibility.

70 thoughts on “Uganda Constitutional Court Strikes Down Anti-Homosexuality Law”

  1. Well, please, let’s not look at anal sex at all. No foreign aid, not argument. Foreign aid is not “aid” in the traditional sense of the word. It is used for control. More unintended international consequences that we don’t need. So much for the sex lives of Ugandans… how about those Pittsburgh Pirates this season????

  2. Paul – Agreed; if it hurts others or puts them at risk, it’s wrong and may be criminal. Its how much cause & effect you link up simply with a fair degree of certainty. Stoning a woman to death has been done in the Arab world because of a bad interpretation of cause and effect. So too it might be for homosexuals in Uganda who were not promiscuous or had HIV. Then,again, there may be real cases too of putting others at risk. it is true that San Franscisco bath houses for gays were at one time a breeding ground for AIDS coupled with promiscuity. In fact they may have been used by the Illuminati as a darsteadly experiment,brought over from South Africa I think. But that’s another story I have mostly forgotten. Can’t say I understand Squeeky much, but she can be quite entertaining!

  3. I expect there is a lot of religion in the gay bashing. The west is getting less critical of morals, but has a little distance to go. Some Islamic groups are still in the toilet when it comes to morals, right & wrong. A wrong action hurts oneself, others, one’s nation, one’s race, one’s planet or humanity. Only those actions that hurt others should be stopped, controlled or punished.

    1. TL – let’s look at anal sex from the stand point of hurting others. Especially in the early days of male active homosexuality, promiscuity is very very likely. Since this is the optimum time to either contract or pass AIDS, then you are doing harm to others. In fact, in some states having unprotected sex when you have AIDS is considered attempted murder.
      Since you are doing potential harm to yourself or others, then this puts you in the category where the state should step in. Now, having contacted AIDS, regardless, should you be having sex with non-AIDS infected people? This is not something that is cured with a million units of antibiotic.

  4. As for homosexuality, the west has gone beyond human rights when it brings up equality demands on marriage. Of course, accepting the Karl Marx idea called graduated income tax opens the door to all kinds of human rights violations, including any concept of privacy. And that is mostly what the gay ‘marriage’ thing is all about.
    On the other hand, Uganda & some Arab countries have gone overboard on attacking homosexuals. As a libertarian, its nobody’s business except the consenting adults if they keep it out of sight and mind of others. Hetrosexual males should be reminded that anal sex between a man and a woman is still anal sex, whether you do it or watch it in porn. I’d have to say that Squeeky is at least a little homophobic, without overusing the word as some gays try to do.

    1. TL – Squeeky does not seem to be bothered by oral sex between males.

  5. Uganda was a good place for a white boy like me to grow up. It did not have the ridiculous appartide segregation of South Africa &, as a protectorate, no conflicts like white settlers in the colony of Kenya. Of course, it was under British rule at the time, before Obote & Idi Amin. I’d love to go visit some day and beautiful Mt Kilimanjaro, near where I went to prep school in Tanganyika (pre Zanzibar invasion), is on my bucket list to hike & climb.

  6. I spend a weekend working and this place devolves into a conversation on packing fudge.

  7. It’s raining here Darren. But I will stop the game of ping pong for the sake of Peace in the Kingdom.

  8. The Lions of Discord have returned. Enjoying a game of Ping-Pong on a sunny summer afternoon.

  9. Squeeky, I’m 62 years old, a mother of four, a grandmother of four. The very last thing I care about is being “cool” or being “popular”. I suspect you are well into your fourth decade or thereabout, so isn’t it time to grow up and be the mature adult you so admire? It’s about HUMAN RIGHTS Squeezers, not a childish idea of being part of some current cultural fad. Your facts are skewered to bolster a homophobic world view, something that the religious right is pushing in every country in the world. Look up Scott Lively.

  10. @annie

    I just told you what I would do. You start by telling people the truth, that what they do in their bedroom isn’t nobody’s business when society has to pick up the pieces. You start by knocking off all the idiotic PC “happy happy joy joy” crap when some guy comes out of the closet. That takes education, and like you admit, some people prefer to be cool and popular rather than mature and adult and educated.

    Squeeky Fromm
    Girl Reporter

  11. So Squeeky, again how would you control what other’s do in their bedrooms? What gives you the right to control others private lives if it doesn’t harm anyone but themselves? I sure hope you and Paul don’t consider yourselves libertarians.

  12. Paul, I am not a proponent nor am I against it. I’m for keeping my nose and yours out of others sex lives and their bedrooms. It’s none of our business, back to square one.

  13. @annie

    In other words, you are sooo wrapped up in your PC position, that you don’t care if what you promote kills people or not. Because the facts are there for you to see how dangerous gay sex is, and a 20% HIV/AIDS rate among MSM certainly ought to be a wake up call.

    Squeeky Fromm
    Girl Reporter

  14. “Jesus reads this blog.”

    THOU SHALL NOT COVET. Didn’t his boss say that?

    What is it now, 2025 years? I mean, at some point we find out Santa Claus isn’t real, don’t we? Snow White woke up with a kiss, right? Or do we continue the charade for the sake of the charade or because our psychosis compels us. Anybody seen Freud around anywhere? Is there a Freud in the house? Damn!

    And there you have it. America is a THEOCRACY and every citizen must be be subjected to confiscatory taxation to redistribute wealth to parasites who refuse to take a job.

    The THEOCRACY says that we are our brother’s keeper and keep him well we must. Welfare, food stamps, affirmative action, rent control, utility subsidies, striking teachers in public schools/colleges, “comparable pay,” Obamaphones, civil rights/discrimination/social services (what the hell is all that anyway – COVET – Thou shalt not covet – they covet, then confiscate, then redistribute – THEY say who shall be the winners and losers, right?), Dept.’s Education/Labor, HHS, HUD, HAMP, FNMA, FMAC, etc., etc.

    How about our lazy a– brothers take care of themselves.

    Get out that old Theocratic Doctrine and let’s start kicking some atheist a–!!!

    The Doctrine of Freedom says you will be self-reliant and, brother, take care of yourself…a you shall not covet.

    Did anyone see the article about the ILLIBERAL direction in Hungary proposed by its leader? Good idea there, on the surface. A nation of makers, not takers.


    Takers take a job; any job. Oooo! There’s an idea.

    America is law beginning with the Rights in the Bill after the Constitution which is preceded by the Preamble which consists of the words of the Founders to you. Read them. Freedom – Private Property – Limited Government – No Covet


    P.S. The mythological gods were extraterrestrial aliens called Annunaki. They genetically altered hominoids on earth. Noah was told by the Annunaki that a global flood was coming – they had advanced science. The Annunaki prepared Noah. Noah’s story was first published in the Sumerian Cuneiform Tablets and plagiarized by the Hebrews and put in their Bible.


    Thanks. I feel much better.

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