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Ugandan court rejects legal challenge, upholds harsh anti-gay law

Ugandan human rights lawyer Nickolas Opiyo (L), flanked by Clare Byarugaba (C-R), an LGBTQ+ advocate from Ugandan civil liberties organization Chapter Four, talks to the media outside the Constitutional Court in Kampala, Uganda, on December 18, 2023, after finalizing an appeal to overturn Uganda’s Anti-Homosexuality Act. The law, passed in March 2023, imposes the death sentence and life imprisonment for certain homosexual acts. On Wednesday, the court ruled against the challenge and upheld the law. File photo by Isaac Kasamani/EPA-EFE
1 of 2 | Ugandan human rights lawyer Nickolas Opiyo (L), flanked by Clare Byarugaba (C-R), an LGBTQ+ advocate from Ugandan civil liberties organization Chapter Four, talks to the media outside the Constitutional Court in Kampala, Uganda, on December 18, 2023, after finalizing an appeal to overturn Uganda’s Anti-Homosexuality Act. The law, passed in March 2023, imposes the death sentence and life imprisonment for certain homosexual acts. On Wednesday, the court ruled against the challenge and upheld the law. File photo by Isaac Kasamani/EPA-EFE

April 3 (UPI) -- Uganda's Constitutional Court rejected a legal challenge Wednesday and upheld the East African nation's anti-gay law that imposes long prison sentences and in certain cases the death penalty, as activists brace for violence.

"We decline to nullify the Anti-Homosexuality Act 2023 in its entirety, neither will we grant a permanent injunction against its enforcement," Deputy Chief Justice Richard Buteera said, as he read the unanimous decision from five judges.

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The Anti-Homosexuality Act was signed into law last year by President Yoweri Museveni, despite worldwide condemnation. The United States imposed sanctions and visa restrictions on top Ugandan officials, as activists vowed to challenge the law for violating their international human rights.

The law carries penalties of up to life in prison for consensual same-sex activity. It carries the death penalty for "aggravated homosexuality," which is same-sex relations with a minor, or other vulnerable people, or if the accused has HIV.

The judges did strike down parts of the law Wednesday that were "inconsistent with the right to health, privacy and freedom of religion." Specifically, the court struck sections that criminalized renting property to people to "use for homosexual acts," as well as failure to report homosexual activity.

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"This ruling intensifies violations towards the LGBT community," LGBTQ activist Frank Mugisha told NBC News. "It is like the judges have told Ugandans: 'Go and get violent towards the LGBTQ community.'"

"Uganda is ground zero for homophobia," Mugisha said. "I am petrified. If the judges can give such a ruling, that means there is no protection for any LGBTQ person in Uganda, and I'm not immune to that."

Ugandan 2SLGBTQ+ activist Nabagesera, who helped file the case, said Wednesday's ruling will only fuel more hatred.

"Now Ugandans, you can continue to kill, to beat, to rape these people who simply love different from you," Nabagesera told "As It Happens" radio host Nil Köksal.

"It has given them impunity ... to let every homosexual die simply because they're homosexual."

U.S. Secretary of State Antony Blinken issued a statement Wednesday about the ruling in Uganda, saying he was "deeply concerned."

"The announcement that some provisions of the Anti-Homosexuality Act have been removed by the Constitutional Court is a small and insufficient step towards safeguarding human rights. The remaining provisions of the AHA pose grave threats to the Ugandan people, especially LGBTQI+ Ugandans and their allies, undermine public health, clamp down on civic space, damage Uganda's international reputation and harm efforts to increase foreign investment," Blinken said.

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"Uganda should respect the human dignity of all and provide equal protection to all individuals under the law."

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