Ugandan judges uphold a draconian anti-gay law

The men came for Kwagala at the beer joint she runs in eastern Uganda, shouting that she was teaching homosexuality to their children. They kicked and punched her. “I ran as fast as I could, thinking to myself, ‘This is my day, this is how I die’,” recalls Kwagala, a trans woman whose name we have changed for her safety. When the police arrived they locked her up for three days and charged her under Uganda’s Anti-Homosexuality Act, which became law last May. Her attackers went free; she faces life in prison if convicted.On April 3rd the country’s constitutional court upheld the core provisions of the law. Those include long prison sentences for “promoting homosexuality” and the death penalty for “aggravated homosexuality”, including for anyone deemed a serial offender. The judges did strike down some sections, such as a duty to report gay people to the police. But they argued that the law reflects Uganda’s history, traditions and culture, likening their reasoning to that of America’s Supreme Court when it overturned abortion rights in 2022. The judges leant on “public sentiments and vague cultural-values arguments” rather than upholding human rights, says Nicholas Opiyo, lead counsel for the petitioners.