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Uganda: Constitutional Court annuls anti-gay law
Uganda’s constitutional court on Friday invalidated an anti-gay bill signed into law earlier this year, saying the measure is illegal because it was passed during a parliamentary session that lacked a quorum.
The panel of 5 judges said the speaker of parliament acted illegally when she allowed a vote on the measure despite at least 3 objections, including from the country’s prime minister, over a lack of a quorum when the bill was passed on December 20 last year.
“The speaker was obliged to ensure that there was a quorum,” the court said in its ruling. “We come to the conclusion that she acted illegally.”
The ruling was made before a courtroom packed with Ugandans opposing or supporting the measure. Activists erupted in loud cheers after the court ruled the law is now “null and void.”
The anti-gay law provided for jail terms of up to life for those convicted of engaging in gay sex. It also allowed lengthy jail terms for those convicted of the offences of “attempted homosexuality” as well as “promotion of homosexuality.”
Frank Mugisha, a Ugandan gay leader, said the ruling Friday was a “step forward” for gay rights.
Ugandan lawyer Ladislaus Rwakafuuzi, an attorney for the activists, said the ruling “upholds the rule of law and constitutionalism in Uganda.” Lawyers and activists challenged the anti-gay law after it was enacted in February on the grounds that it was illegally passed and that it violated certain rights guaranteed in Uganda’s constitution.
The court ruled Friday that the activists’ entire petition had been disposed of since the law was illegally passed in the first place. This means there will be no further hearings about the activists’ argument that the anti-gay measure discriminated against some Ugandans in violation of the country’s constitution.
Kosiya Kasibayo, a state attorney, said a decision had not been made on whether to appeal the ruling in the Supreme Court, Uganda’s highest court.
The anti-gay measure was enacted on February 24 by Ugandan President Yoweri Museveni, who said he wanted to deter Western groups from promoting homosexuality among African children.
The legislation had wide support in Uganda.
Source: Associated Press