Uganda Leveraged U.S. Supreme Court’s Anti-Abortion Ruling to Criminalize LGBTQ+ Identities

Earlier this week, Uganda’s Constitutional Court upheld the Anti-Homosexuality Act 2023 (AHA23), which criminalizes same-sex relationships, drawing on the U.S. Supreme Court’s recent anti-abortion ruling as precedent.

Under the AHA23, individuals engaging in same-sex sexual relations can face prison sentences of up to 20 years, with certain instances even punishable by death. The court dismissed a petition seeking to overturn the law, referencing the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization in its ruling.

In their decision, the justices highlighted Dobbs v. Jackson’s consideration of the nation’s history and traditions, along with the principles of democracy and the rule of law, to prioritize state authority over individual autonomy. Dobbs v. Jackson, which overturned the landmark Roe v. Wade decision protecting abortion rights, was notable for Justice Clarence Thomas’s assertion that previous rulings on contraception, marriage equality, sodomy, and private consensual sex acts were “demonstrably erroneous.”

The influence of the Dobbs decision extends beyond the United States. The Alabama Supreme Court cited Dobbs in a February ruling that recognized frozen embryos as people, leading to the closure of fertility clinics and halting in vitro fertilization (IVF) procedures across the state.

Advocates have raised concerns about the broader implications of the Dobbs decision, warning that it could pave the way for the erosion of other personal liberties, including marriage equality, access to contraception, and gender-affirming care. GLAAD President and CEO Sarah Kate Ellis emphasized the dangers posed by decisions that restrict fundamental human rights, emphasizing the need for global solidarity in the fight against discrimination and hate.

Wisconsin Rep. Mark Pocan, Chair of the Congressional Equality Caucus, expressed alarm over the Ugandan court’s reliance on the Dobbs decision, highlighting the troubling connections between U.S. conservative groups and anti-LGBTQ+ legislation abroad. Pocan underscored the need to confront and challenge efforts to undermine the rights and autonomy of marginalized communities worldwide, emphasizing the importance of promoting freedom, justice, and safety for all.