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The Constitutional Court of Appeal Upholds The Anti Gay Rule

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A five-judge bench of the Constitutional Court of Appeal, headed by Deputy Chief Justice Richard Buteera, has refused to re-appeal the Anti-Homosexuality Act, 2023.

The bill was passed by the Ugandan parliament in 2023. The judges said the petitioners had failed to present evidence that several provisions of the law were unconstitutional.

The prosecution, led by West Budaama MP Fox Odoi, human rights activists, Prof. Sylivia Tamale, Makerere University lecturer, Pastor James Lubega Banda, alleged that the anti-homosexuality law deprives people of their right to freedom of assembly and self-expression and so on.

However, the judges refused to agree with them and said that the way the law was passed and all its provisions followed other laws. The judges said the law was intended to protect minors and vulnerable people and should therefore remain in place to achieve the objectives for which it was passed.

However, the judges pointed out that only sections 3, 9 and 11 should be deleted as the way they were done as they could prevent those involved in fraudulent relationships from getting treatment and deny them accommodation.

Pastor Matin Ssempa, who joined the government attorney general in defending the bill, welcomed the Constitutional Court’s ruling and said homosexuality should not be tolerated in Uganda, for the sake of protecting black morality, culture and traditions.

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