Gay Uganda News 2014: Nation's Court Overturns Homophobic Law
The cause of international gay rights has progressed with the overturning of Uganda's draconian anti-LGBT legislation. However, the ruling failed to debate the law's anti-gay content by overturning it on a technicality.
Ugandan gay rights activists petitioned Uganda's constitutional court, arguing that the law was passed without "the necessary quorum of lawmakers," according to Agence France-Presse. However, the petitioners also argue "the law violates the constitutional right to privacy and dignity, as well as the right to be free from discrimination and cruel, inhuman and degrading treatment."
The law, which was passed in the Ugandan legislature in December and was signed into law by President Yoweri Museveni in February, has isolated Uganda and led to various Western countries, including the United States, to deny Uganda economic aid.
However, the court's ruling has now overturned the law and placed Uganda in very standing with the world, for now. According to the New York Times, the five-judge panel ruled that the law was passed without a quorum, making it illegal. But, the court stopped short of touching the legality of oppressing gay people.
"We're very happy," Sylvia Tamale, a Ugandan law professor who supports LGBT rights, told the Times. "But it's unfortunate that the court did not deal with the substantive issues that violate our rights."
The Associated Press explains the court dismissed the rest of the activists' petition after their ruling because, by declaring the law illegal, the activists' arguments were no longer valid. By avoiding the topic, however, the court simply pushes back the debate.
"The ideal situation would have been to deal with the other issues of the law, to sort out this thing once and for all," said Nicholas Opiyo, a Ugandan lawyer and one of the petitioners. The government can still appeal the ruling, though the Associated Press reports the state's lawyer has not decided whether to proceed in that direction.
Frank Mugisha, a Ugandan gay leader and head of Sexual Minorities Uganda, said the ruling is a "step forward" for equal rights for gay people in his home country, reports the Associated Press.
However, supporters of the law argue that the court's ruling toes the line with Western demands to overturn the law, according to the Associated Press.
With the removal of aid, Uganda has been put in a complicated situation, which will continue to deteriorate in the upcoming U.S.-Africa economic summit. Although it will focus on trade and the economy, the Washington Blade reports that activists have been pushing President Barack Obama into bring up the topic of gay rights in the continent during the meeting.
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