Earlier this year, Uganda enacted one of the most repressive laws against homosexuality in the world. However, that law, the “Anti-Homosexuality Act,” is dead for now, after Uganda’s Constitutional Court ruled it had not been passed with the required quorum.
The Ugandan parliament had passed the law after almost four years of drafting, with the help of American fundamentalist pastors. It shored up a number of colonial-era laws against homosexuality. “The offense of homosexuality,” as well as attempting to marry someone of the same sex, was punishable by up to life in prison. “Promotion of homosexuality” was punishable by up to seven years in prison. It also made “the promotion or recognition” of homosexuality illegal–an apparent nod to Russia’s “gay propaganda” law.
As hard as it may be to believe, this law was originally even worse than that. Early versions of the law would have made “aggravated homosexuality”–defined as among other things, a second instance of committing “the offense of homosexuality,” or any instance where the offender was HIV-positive or had sex with a minor–punishable by death. That provision was removed under intense international pressure. The original version would have also made it a crime not to report gay people to the authorities, which would have made it all but impossible for gays to live openly in the country. That provision was also removed. However, the law was still odious enough that when President Yoweri Museveni signed it into law in February, the United States, the Netherlands, Norway, Denmark, and the World Bank either suspended or slashed their aid to Uganda.
A group of 10 petitioners, including two human rights groups, challenged the law on several grounds. They claimed that not enough lawmakers had been present when the bill was passed, and also contended it violated constitutional provisions which protected privacy and banned cruel and degrading treatment. The Constitutional Court’s ruling only addressed the fact that not enough lawmakers had been present. Apparently, the speaker had been warned by three people–including the prime minister–that the legislature was short of a quorum, but moved forward with the bill anyway.
Sylvia Tamale, a Ugandan law professor and supporter of gay rights, told The New York Times that while she and others who fought against this law “are very happy” with the court’s decision, they are disappointed that there was no ruling on the law’s merits. United Nations Secretary General Ban Ki-moon also applauded the ruling, calling it “a victory for the rule of law.”
Hours after the court’s ruling, the bill’s author, David Bahati, said that the government would appeal the ruling to the Supreme Court. He is confident that “the morals of the people of Uganda will prevail.” It looks like Bahati has taken a page from the playbook of the Republicans here in this country–give wedge issues higher priority than the things that really matter. For now, though, this odious law is dead.
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Edited/Published by JA
Darrell Lucus is a radical-lefty Jesus-lover who has been blogging for change for a decade. Follow him on Twitter @DarrellLucus or connect with him on Facebook.
