The Constitutional Court has declined to nullify the Anti-Homosexuality Act 2023 in its entirety and refused to grant a permanent injunction against its enforcement, as petitioned by Prof Sylivia Tamale, Andrew Mwenda, MP Fox Odoi, to mention but a few.

In a joint judgement read on Wednesday, April 3, 2024, by the deputy Chief Justice and head of the court, Justice Richard Buteera, the Act does not violate the right to practice business or profession as claimed by the petitioners.

“We decline to nullify the Anti-Homosexuality Act 2023 in its entirety, nor will we grant a permanent injunction against its enforcement,” Justice Buteera said.

According to the judgment, the evidence on record is that the Anti-Homosexuality Act was enacted against the backdrop of the recruitment of children into the practice of homosexuality.

“Section 112(b) of the Anti-Homosexuality Act aligns with Section 31 of the Uganda Communications Act and Section 13 of the Anti-Pornography Act, all of which aim to uphold societal morals by limiting the use of media to publish or broadcast offensive material,” he added.

The justices further asserted that the disqualification of homosexual convicts from employment in child care institutions under Sections 12 and 13 of the Act is intended to protect children and vulnerable groups in society.

Regarding the petitioners’ argument that the Act interferes with rights to privacy, the Justices maintained that the Constitutional Court does not find the Anti-Homosexuality Act to infringe on the right to privacy since it does not allow unlawful entry to premises by law enforcement agencies.

The Justices also noted that some sections of the Act are inconsistent with rights to health, privacy, and freedom of religion.

The Act came into action in May 2023 after it was assented by President Yoweri Museveni.