'What's wrong with Lesbian Sex?' Asks Ugandan High Court Judge

Kampala- November 26, 2010
A High Court Judge in Uganda has questioned the legality and assertions that two women in an intimate sexual relationship were “against the order of nature.”

In a first to casting a shadow of doubt and unconstitutionality on the draconian Ugandan Penal Code criminalizing same sex relationships in Uganda, Justice Kibuuka Musoke wondered Friday in Kampala what wrong two intimate women in Love commit.

“Two women…..Tell me counsel; …….what order of nature is violated here?!” Justice Musoke, asked a defense lawyer in a case in which three alleged gays sued a Ugandan tabloid for violating their Constitutional Rights.

The defense lawyer had told a packed court that two of the plaintiffs (names with held) were lesbians, committing acts against the order of nature, and promoting homosexuality.

He cited several internet sites where the photos of the plaintiffs are alleged to appear as gay activists. The defense lawyer also struggled to tell court that the plaintiffs had appeared in several local publication and media, but that they (plaintiffs) had not brought any legal action against the other publications. He cited New Vision, Bukedde and the Observer newspapers.

But Justice Kibuuka Musoke quashed his accusing libido. “If a thief comes to my the first time and escapes, does it mean I can’t make an alarm the second time?!” the Justice wondered.
Earlier this month, a Ugandan newspaper, the Rolling Stone, published pictures of alleged gays and lesbians. The paper also published residential addresses, favorite pubs and detailed personal information, with a call to the mobs to lynch them.

Justice Kibuuka Musoke overruled the defence lawyers libido to crossexamine, the first plaintiff “ to measure the amount of pain she experienced by the publication of the story.”
The judge said pain is not only physical, but can also be mental,anxiety and fear. “ It is disallowed. Court is not satisfied with reasons advanced to cross examine the first applicant,” the Judge noted.

Dr Henry Onoria, the lead counsel and Mr. Francis Onyango (UHSPA member) defending the plaintiffs told court that the rights of the three alleged gays to privacy, dignity, freedom of movement and association had been threatened by the publication of the story on alleged or perceived. Dr Onoria prayed that court awards Shs 150million as compensation and costs of the case to his clients and a permanent injuction against the Rolling Stone from further publishing names of alleged or actual homosexuals. The case comes up December 13,2010 at 3pm

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