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The legislation, adopted in May last year, is among the world's
harshest anti-gay laws and has drawn condemnation from rights
campaigners and sanctions from Western nations.
Activists say the law has unleashed a torrent of abuse against
LGBTQ people, including torture, rape, arrest and eviction.
"We decline to nullify the Anti-Homosexuality Act 2023 in its
entirety, neither will we grant a permanent injunction against
its enforcement," said lead judge Richard Buteera, reading the
judgment on behalf of his four colleagues.
However, the court struck down certain sections it said were
"inconsistent with right to health, privacy and freedom of
religion".
In particular the court said the section of the legislation
requiring the mandatory reporting to authorities of people
suspected of having committed homosexual offences violated
individual rights.
When the law was enacted in May 2023 the World Bank halted new
lending to Uganda and the United States announced visa and
travel restrictions against Ugandan officials.
The Anti-Homosexuality Act imposes penalties of up to life
imprisonment for consensual same-sex relations and contains
provisions that make "aggravated homosexuality" an offence
punishable by death.
Petitioners against the law include a lawmaker and Frank Mugisha,
Uganda's most prominent LGBTQ activist. They asked judges to
strike the law down, saying it violated their constitutional
rights.
The petitioners can appeal to the Supreme Court.
The ruling is part of a growing anti-gay crackdown across
Africa. Ghana passed stringent anti-gay legislation in February,
intensifying a crackdown on the rights of LGBTQ people.
(Writing by George Obulutsa; Editing by Kevin Liffey and Ros
Russell)
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