The Constitutional Court has declined to nullify the Anti-Homosexuality Act 2023. The decision was delivered this afternoon by a panel of five Justices led by the Deputy Chief Justice, Justice Richard Buteera, alongside Justice Geofrey Kiryabwire, Justice Monica Mugenyi, Justice Kibeedi Muzamiru, and Justice Christopher Gashirabake.
On May 26 last year, President Yoweri Museveni assented to the Anti-Homosexuality Bill of 2023, thereby turning it into law.
A few days later, four Constitutional Petitions were filed in the Constitutional Court. The petitioners were pushing for the removal of the law criminalizing consensual sex among same-sex adults. They argue that the Anti-Homosexuality Law, aside from imposing severe penalties such as death and heavy fines, infringes upon constitutional articles relating to personal freedoms, human rights, and dignity while hindering the fight against HIV/AIDS.
However, this afternoon, the Constitutional Court, led by Deputy Chief Justice Richard Buteera, delivered its ruling on the case. The court delivered the summary judgment, declining to nullify the anti-homosexuality law.
“We decline to nullify the Anti-Homosexuality Act 2023 in its entirety, neither will we grant a permanent injunction against its enforcement,” Justice Buteera said.
Reacting to the news, human rights lawyer Nicholas Opiyo said, “We disagree with the findings but look forward to receiving their detailed reasoning and consulting on our next steps.”