Legal Consideration of Same Sex Marriages in Uganda: A Perception of the Ugandan Legal Regimes Governing Marriage

Abstract

The right to marry and found a family has long been noted as one of the fundamental rights to human nature, to be exercised by anyone subject to qualification by age, among others. This right, however; has often come short of extending to persons of the same sex or bisexuals. Uganda has most often been castigated for its approach on the subject, despite which it maintains a rather rigid and bold stand; which has seen the most recent amendments to its legislation outlawing homosexuality in any form or stage. The amendment to the constitution (Constitution (Amendment) Act (No.2)) enacted in 2006 expressly prohibits homosexuality after the Penal Code Act (Cap 120) makes it an offence for anybody to engage in any form of homosexuality. On their part, the proponents for recognition of same sex marriages do argue that their sexual orientation should not be used to facilitate their persecution or breach of their rights and civil liberties. In the foregoing paper, three questions are particularly addressed, i.e. i). What would be the risk in recognizing single sex marriages, ii). What possible threat would the recognition of same sex marriages pose to the marriage institution as has long been understood, iii). Is there a possible alternative to single sex marriages that would eliminate the possibility of breach of the proponents' rights and liberties? The foregoing discussion considers not only aspects of morality, but also legal and spiritual value in attempting to address the issues raised.