Uganda court takes up challenge to stringent anti-LGBTQ law

The Constitutional Court in Uganda initiated hearings on Monday regarding a challenge to a stringent anti-LGBT law that includes the death penalty for specific same-sex acts and up to 20 years’ imprisonment for “promoting” homosexuality.

President Yoweri Museveni signed the Anti-Homosexuality Act (AHA) into law in May, which triggered sanctions from the US and the World Bank.

During a brief session, a panel of five judges, chaired by Richard Buteera, received written arguments from both sides. Buteera informed the petitioners that they would be notified once a ruling was reached.

Nicholas Opiyo, representing the petitioners, expressed hope that the court would address whether the Ugandan constitution safeguards every member of society regardless of sexual orientation or gender identity. He shared this sentiment with reporters following the court session.

To date, at least five individuals have faced charges under this law, with two accused of “aggravated homosexuality,” an offense involving transmitting a terminal illness through gay sex.

Activists advocating for LGBT rights have reported an increase in abuse, such as torture, sexual assault, and forced evictions against Ugandans due to the AHA. Conversely, the government dismissed these claims as “propaganda,” asserting that the law reflects the conservative and religious values of the nation.

Frank Mugisha, a prominent rights activist and petitioner in the case alongside other activists, a lawmaker, university lecturers, and private individuals, emphasized the significance of the court’s decision for LGBTQ Ugandans’ lives.

Mugisha expressed confidence in their case but acknowledged the potential influence of anti-gay groups on the judges.

The defendants in the case included Uganda’s attorney general and a Christian pastor, who the court recently granted the status of co-defendant.

Same-sex relations have long been illegal in Uganda, as in over 30 other African countries, under a colonial-era statute.

The United States imposed travel restrictions on certain Ugandan officials and suspended the country’s access to a duty-free trade program in response to the law, while the World Bank halted issuing new loans.

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