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Anti-Homosexuality Bill Not Dead Yet – Uganda Expected To Appeal And Refile Bill

Top anti-gay Ugandan politicians are threatening to ensure the Anti-Homosexuality Law, nullified on procedural grounds this morning, is brought back to life.

The Attorney General of Uganda is expected to appeal today’s Constitutional Court nullification of the “Jail the Gays” law, and Members of Parliament are expected to re-file the bill, which mandates terms up to life in prison for the “crime” of homosexuality.

While Ugandan LGBT activists, including Frank Mugisha and Kasha Jacqueline celebrated today’s Constitutional Court ruling, all are aware today’s win is likely temporary.

The Court earlier today nullified the controversial Anti-Homosexuality Law, signed in February by President Yoweri Museveni — who previously lambasted Speaker of Parliament Rebecca Kadaga for passing the bill without a quorum. And it was on those procedural grounds that the Court declared the law null and void.

“Nicholas Opiyo, a Ugandan lawyer who was among the petitioners, welcomed the ruling but said there is still a missed opportunity to debate the substance of the law,” the New York Times reports.

“The ideal situation would have been to deal with the other issues of the law, to sort out this thing once and for all,” Opiyo said.

A colonial-era law that criminalizes sex acts “against the order of nature,” still remains in effect in Uganda, allowing for the continued arrests of alleged homosexual offenders, Opiyo said.

Lawmakers will likely also try to reintroduce a new anti-gay measure, he said.

MP David Bahati, the original sponsor of the bill — which dates back in various forms, including as the original “Kill the Gays” bill — promised the Attorney General of Uganda will appeal the ruling.

“I want to thank the speaker, MPs who stood for what is right,” Bahati said just after the Court ruling was passed down. “The lawyer that represented government said she was not given chance to prove that there was quorum in parliament. The court case ruling is no victory at all, the morals of the people of Uganda will prevail,” Bahati told reporters, according to the Daily Monitor. “The Attorney General who is very competent will petition the constitutional court over the constitutional court ruling. Our competent legal team will continue to petition the Supreme Court and I believe we will win.”

Whether or not the Government is successful in challenging the Court’s narrow 3-2 decision, Bahati and other MPs surely will look to introduce the bill again, which Speaker Rebecca Kadaga had promised in 2012 to pass as a “Christmas gift” to Uganda’s Christians.

 

Image: Anti-gay Pastor Martin SSempa, right, awaiting today’s Court ruling. Photo via Twitter

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