Uganda's Constitutional Court has struck down the country's harsh Anti-Homosexuality Law.
The five-member panel found that Uganda's ninth Parliament did not meet quorum, with less than a third of lawmakers present, when it passed the Anti-Homosexuality Act in December 2013, making the law "null and void."
The judges' August 1 decision is final, meaning there will be no further hearings about the other points of argument brought by the five attorneys representing the LGBT Ugandan activists and human rights groups.
In the 11-page petition filed in March, attorneys claimed that the law institutionalized the "promotion of a culture of hatred." In the petition the attorneys described more than 15 counts of discrimination and human rights violations that went against Uganda's constitution, international human rights law, and the East African nation's international obligations.
The Anti-Homosexuality Act 2014 was signed by President Yoweri Museveni on February 24.
Ugandan LGBTs celebrated the court's decision, not mulling over the fact that they won on a technicality.
"The Constitutional Court ruling is a victory in the LGBT human rights struggle in Uganda," wrote Victor Mukasa, a founding member of Sexual Minorities Uganda, in a Facebook interview August 3. "Even if won over a technicality, it is a victory."
John Abdallah Wambere, a Ugandan gay activist who sought asylum in the U.S. after the anti-gay bill was signed into law, agreed.
"Using the lack of quorum was the best way to go," said Wambere, who told the Bay Area Reporter, "I should be there. I felt like this is the time I should be celebrating with all of my people."
Mukasa, a 38-year-old transgender Ugandan seeking asylum in the U.S., wrote that he was "overwhelmed" by the court's decision.
Since coming to the U.S. two years ago he has continued his work for Ugandan LGBT rights in America, founding Kuchu Diaspora Alliance-USA, he wrote.
Wambere is also continuing advocating for Ugandan LGBT rights, traversing the U.S. speaking about LGBT issues in his homeland, he said.
The ruling was an early present for Ugandan LGBTs celebrating Uganda Beach Pride. The third annual Pride celebration is August 9.
The ruling came as Museveni headed to the U.S. along with other African leaders for President Barack Obama's U.S.-Africa Leaders Summit, which took place in Washington this week.
On August 3, Museveni addressed critics, claiming that the court's decision was based on pressure from pro-gay Western nations.
"I was going to Washington with the bill when it was stopped," said Museveni, reported Agence France Press. "It has nothing to do with us going to Washington."
Human rights advocates and some members of Congress have urged Obama to address LGBT human rights issues in Africa during the summit.
Introduced in 2009 by David Bahati, a member of parliament of Uganda, the anti-gay law originally had a death penalty clause. In 2012, Speaker Rebecca Kadaga vowed to pass the bill as a "Christmas present" to Ugandans. She succeeded in 2013 when members of parliament passed on the bill without the death penalty provision.
The law imposed life imprisonment for LGBT individuals, outlawed the promotion of homosexuality, and required individuals to report suspected LGBT individuals or face imprisonment for three years or a fine.
The court's action doesn't decriminalize homosexuality in Uganda. Sodomy is still illegal and punishable by life imprisonment in Uganda under the Penal Code. Attempted sodomy is punishable by up to seven years in prison under other provisions, according to international law experts.
Following Museveni's signing of the law Uganda lost millions of dollars in foreign aid as the U.S., World Bank, and some European nations pulled their support in protest.
Earlier this week, Sweden reinstated its financial support of Uganda.
Activists and supporters were dismayed that the judges didn't address the other issues brought before them, leaving it open for Parliament to revote on the law or bring it to Uganda's Supreme Court.
"We're very happy," said Sylvia Tamale, a Ugandan law professor who has supported gay rights despite persistent threats and harassment, told the New York Times. "But it's unfortunate that the court did not deal with the substantive issues that violate our rights."
Wambere agreed.
"The striking down of the law on a technicality leaves Ugandans battling with the substance of the law," he said.
Human rights advocates and world leaders applauded the court's decision while remaining focused.
United Nations Secretary-General Ban Ki-moon commended the court's decision, calling it a "victory for the rule of law" in a statement following the ruling.
Jessica Stern, executive director of the International Gay and Lesbian Human Rights Commission, said the Ugandan government needs to do more.
"It is now up to the government to aggressively ensure that all government agencies are informed that the law is no longer in force and ensure that all services �" especially those involving health and safety �" are provided without equivocation to LGBT people," Stern said in an August 1 news release. "This was a horrific law, and any remnants of its impact must be purged from Uganda."
Sore losers
Anti-gay supporters claimed that the judges were influenced by international pressure and vowed to bring the case to Uganda's Supreme Court or take it back to Parliament for another vote.
"Make no mistake, the gymnastics and simple technicalities will never rule this country," Bahati told media outlets. "Our competent legal team will continue to petition the Supreme Court and I believe we will win."
Pastor Martin Ssempa, one of the anti-gay religious leaders, agreed.
"Our teachings find sodomy as being repugnant, and our members of parliament were right in passing this law," Ssempa told the AFP.
A small celebration
Ugandan LGBTs around the world were jubilant in spite of the law being stuck down on a technicality, but they also know their work is just beginning in the deeply homophobic country.
"To stop that law now is to give us back a bit of our lives," said Mukasa. "It means we can continue with our work together with our allies. We should be set now to challenge the other sodomy laws in the penal code as well as work harder to change perceptions of our people."
On a personal note, Mukasa, said, "It also means that I have hope to go back home to Uganda some day."
Call Me Kuchu screening
The American Jewish World Service and its 2014 San Francisco Global Justice Fellows will screen the award-winning documentary, Call Me Kuchu, Thursday (August 7).
The film follows Ugandan LGBT activists' efforts to stop the passage of the aforementioned Anti-Homosexuality Bill.
The San Francisco Global Justice Fellows will share their experiences meeting with LGBT Ugandan activists following the film.
Doors open at 6 p.m. and the film and discussion begins at 7 p.m. at 600 the Embarcadero.
To RSVP, email: [email protected], call: 415-593-3283, or visit: http://tinyurl.com/CallMeKuchu-AJWS-SF.
Got international LGBT news tips? Call or send them to Heather Cassell at 00+1-415-221-3541, Skype: heather.cassell, or mailto:.