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Hissyspit

(45,788 posts)
Fri Aug 1, 2014, 06:30 AM Aug 2014

Ugandan Anti-Homosexuality Act Struck Down By Constitutional Court

Source: Buzzfeed

Ugandan Anti-Homosexuality Act Struck Down By Constitutional Court

“We become legal again!” said LGBT activist Frank Mugisha. But Ugandan LGBT activists are bracing for a violent backlash to the decision.

Posted on Aug. 1, 2014, at 6:14 a.m.

J. Lester Feder
BuzzFeed Staff

Uganda's Constitutional Court struck down the country's Anti-Homosexuality Act on Friday, giving new hope to the country's embattled LGBT people and human rights activists.

Ugandan journalist Andrew Mwenda, one of a group of ten human rights activists, opposition politicians, and LGBT people who brought the challenge, tweeted from the packed court room:

Andrew M. Mwenda@AndrewMwenda Follow
The retrogressive anti homosexuality act of Uganda has been struck down by the constitutional court - it's now dead as a door nail.
6:16 AM - 01 Aug 14

In the five months since Uganda adopted the law, which imposes a sentence of up to life in prison for homosexuality and criminalizes advocating LGBT rights, LGBT Ugandans have lived under the constant threat of arrest or mob violence. The court's decision paves the way for organizations to again begin operating openly and to allow LGBT people to resume normal lives. But that change will come slowly — homosexuality remains a crime in Uganda under a provision of the penal code on the books before the Anti-Homosexuality Act was passed last December, and there is a chance of a surge in anti-LGBT violence in reaction to today's ruling.

The decision could also significantly ease international pressure on President Yoweri Museveni, who has been under pressure from the United States, the World Bank, and other important donors to get rid of the law or at least substantially weaken it through enforcement.

Read more: http://www.buzzfeed.com/lesterfeder/ugandan-anti-homosexuality-act-struck-down-by-constitutional
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Ugandan Anti-Homosexuality Act Struck Down By Constitutional Court (Original Post) Hissyspit Aug 2014 OP
Good news azurnoir Aug 2014 #1
Violent Backlash... Just like Jesus did rpannier Aug 2014 #2
Wonderful news! theHandpuppet Aug 2014 #3
We have no visibility into Uganda's constitutional system........ Swede Atlanta Aug 2014 #4
off-topic but fyi a2liberal Aug 2014 #7
Good for them. What an oppressive law that was. JimDandy Aug 2014 #5
And here in the good ol USA,we still have riversedge Aug 2014 #8
Wonder how much this has to do with the USA cutting off aid? sinkingfeeling Aug 2014 #6
Unfortunately, the basis is narrow. JackRiddler Aug 2014 #9
US Christo-Fascists must be heartbroken. "Uganda Passes Anti-Gay Bill Cheered By US Conservatives" Zorra Aug 2014 #10
I can't wait for Scott Lively's trial to begin theHandpuppet Aug 2014 #11
K&R. Glad you reminded us of this. Overseas Aug 2014 #12
Joyous news. hrmjustin Aug 2014 #13
Reversed on a technicality. Merits of the case remain unchallenged. Expect the ChristoFascists to blkmusclmachine Aug 2014 #14

rpannier

(24,329 posts)
2. Violent Backlash... Just like Jesus did
Fri Aug 1, 2014, 07:19 AM
Aug 2014

Jesus was always marginalizing those on the lower end of the socio-economic spectrum and assaulting them

 

Swede Atlanta

(3,596 posts)
4. We have no visibility into Uganda's constitutional system........
Fri Aug 1, 2014, 07:51 AM
Aug 2014

Here at least we know federal judges are appointed by the President and confirmed by the Senate with lifetime tenure should they want to remain on the bench. Removal is subject to impeachment proceedings in Congress. I am not aware of any judges or justices being removed from office by Congress in our nearly 240 year history.

What is the system in Uganda? Are the judges subject to removal for purely political reasons? Can the Constitutional Court simply be abolished by an act of the Legislative and Executive branches?

I am happy this was struck down but given what appears to be the intense popularity of the law I wouldn't celebrate too loudly just yet.

What recourse do the proponents of the law have? I assume the Constitutional Court is the highest court in the land similar to our Supreme Court but without knowing how easily the judges can be removed, the court composition changed, abolished, jurisdiction changed or eliminated, etc. it is precarious.

 

JackRiddler

(24,979 posts)
9. Unfortunately, the basis is narrow.
Fri Aug 1, 2014, 11:57 AM
Aug 2014
The courtroom became something of a circus during the three-hour recess the judges called before issuing the ruling, according to people in the room. Anti-LGBT activist Pastor Martin Ssempa prayed loudly and got into arguments with multiple petitioners. Security eventually approached Ssempa to request he sit down.

The court struck down the law on procedural grounds, saying it was invalid because there was no quorum in Parliament when the legislation was passed on Dec. 20. (A quorum is the requirement that at least one-third of members are present when a vote is held.) The court was ruling on a petition brought by a group of 10 human rights activists, legal scholars, and opposition politicians. The court did not rule on the underlying question of whether anti-LGBT laws violate basic human rights, and so the pre-existing sodomy code, which was imposed when Uganda was a British colony, remains in place. Two men are currently awaiting trial under this provision.


This is a preliminary legal victory in a much longer fight, a social struggle against a kind of violent mass insanity.

Zorra

(27,670 posts)
10. US Christo-Fascists must be heartbroken. "Uganda Passes Anti-Gay Bill Cheered By US Conservatives"
Fri Aug 1, 2014, 12:11 PM
Aug 2014
An anti-gay law championed by evangelical Christians in Uganda with the enthusiastic backing of Religious Right leaders in the U.S. has passed parliament and is awaiting the president’s decision on whether to sign it. The bill as passed apparently no longer includes the death penalty provision but makes homosexuality a crime punishable by life in prison. LGBT activist Frank Mugisha says his colleagues are panicking, fearing that “there is going to be a hunt.”

Martin Ssempa, a Ugandan minister who has pushed the bill for years, and has been praised by Religious Right leaders like Matt Barber for his strident anti-gay stance, tweeted “Let Freedom Ring!” and posted a celebratory picture of himself with David Bahati, the bill’s sponsor.

Ssempa got plenty of help from American Religious Right figures like Lou Engle and Scott Lively, who is facing a human rights lawsuit brought by Sexual Minorities of Uganda. “This human rights crisis was made here in the United States,” says Tarso Luís Ramos, Executive Director at Political Research Associates.

Given that American Religious Right figures had praised the bill in its even more draconian form – Tony Perkins called it an effort to “uphold moral conduct” – it is sadly unsurprising to see some of them cheering. American Family Association hatemonger Bryan Fischer connected the law’s passage to the controversy in America over Duck Dynasty’s Phil Robertson. Fischer tweeted:

http://www.rightwingwatch.org/content/uganda-passes-anti-gay-bill-cheered-us-conservatives


Uganda’s President Will Sign Anti-Gay Bill. How Did the Nation Get to this Point?

The bill’s passage and Museveni’s assent are but the latest in what has been a long, convoluted, and controversial international history. The most prevalent narrative in the United States of the “Kill the Gays” bill’s genealogy goes something like this: American evangelicals and Pentecostals, losing the culture wars in the United States, decided to export the battle front to places like Uganda, where they enlisted new recruits in their homophobic campaign. Trans-oceanic, religio-political networks were fashioned by U.S.-based organizations like the International House of Prayer (IHOP) and The Family, along with Ugandans like the Rev. Martin Ssempa or MP David Bahati—the bill’s most notorious supporters. These collaborations provide the evidence needed to claim that the egregious “Kill the Gays” bill was but the inevitable, perhaps the intended, product of Western anti-LGBT activism. In this narrative, as seen in news reports like Jeff Sharlet’s “Straight Man’s Burden” and the recent documentary “God Loves Uganda,” the story of Uganda’s Anti-Homosexuality Bill is the extension of an American story: American agendas, agency, money, and power are at its heart. Uganda is treated, in many ways, as incidental, becoming a convenient battleground.

http://religionandpolitics.org/2014/02/18/ugandas-president-will-sign-anti-gay-bill-how-did-the-nation-get-to-this-point/


Americans’ Role Seen in Uganda Anti-Gay Push

KAMPALA, Uganda — Last March, three American evangelical Christians, whose teachings about “curing” homosexuals have been widely discredited in the United States, arrived here in Uganda’s capital to give a series of talks.

The theme of the event, according to Stephen Langa, its Ugandan organizer, was “the gay agenda — that whole hidden and dark agenda” — and the threat homosexuals posed to Bible-based values and the traditional African family.

For three days, according to participants and audio recordings, thousands of Ugandans, including police officers, teachers and national politicians, listened raptly to the Americans, who were presented as experts on homosexuality. The visitors discussed how to make gay people straight, how gay men often sodomized teenage boys and how “the gay movement is an evil institution” whose goal is “to defeat the marriage-based society and replace it with a culture of sexual promiscuity.”
----snip
he three Americans who spoke at the conference — Scott Lively, a missionary who has written several books against homosexuality, including “7 Steps to Recruit-Proof Your Child”; Caleb Lee Brundidge, a self-described former gay man who leads “healing seminars”; and Don Schmierer, a board member of Exodus International, whose mission is “mobilizing the body of Christ to minister grace and truth to a world impacted by homosexuality” — are now trying to distance themselves from the bill.

http://www.nytimes.com/2010/01/04/world/africa/04uganda.html


The Uganda Anti-Gay Bill's U.S. Roots
Even if the death penalty is removed from Uganda's Anti-Homosexual Bill, its passage would codify the country's extraordinary persecution of gays—and American evangelicals will bear responsibility, says Michelle Goldberg.

http://www.thedailybeast.com/articles/2011/05/11/uganda-anti-homosexual-bill-inspired-by-american-]evangelicals.html#sthash.YkN5xxYT.dpuf


Soooo happy for LGBT family in Uganda!!!

theHandpuppet

(19,964 posts)
11. I can't wait for Scott Lively's trial to begin
Fri Aug 1, 2014, 12:22 PM
Aug 2014

The cowardly, hatemongering weasel is now trying to distance himself from what happened in Uganda but only, I suspect, because he's been charged with crimes against humanity.

 

blkmusclmachine

(16,149 posts)
14. Reversed on a technicality. Merits of the case remain unchallenged. Expect the ChristoFascists to
Fri Aug 1, 2014, 05:10 PM
Aug 2014

bring thus Genocide bill up for another vote again REAL SOON.

They've got blood on their hands. The blood of "Christ"...

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