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International Journal of Law, Policy and the Family Advance Access published online on March 3, 2009
International Journal of Law, Policy and the Family, doi:10.1093/lawfam/ebp001
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© The Author [2009]. Published by Oxford University Press. All rights reserved. For Permissions, please email: journals.permissions@oxfordjournals.org.

THE ABSOLUTE PROHIBITION OF SAME-SEX MARRIAGES IN UGANDA

Jamil Ddamulira Mujuzi*

* Doctoral Researcher, Civil Society Prison Reform Initiative (CSPRI), Community Law Centre (CLC), University of the Western Cape (UWC), and LLD Candidate, Faculty of Law, UWC. E-mail: djmujuzi{at}gmail.com


  Abstract

Before 2005, the Constitution of Uganda provided in Article 31(1) that ‘men and women of the age of eighteen years and above have the right to marry and to found a family ....’ In 2005, Article 31 was amended by inserting clause (2a) to the effect that ‘marriage between persons of the same sex is prohibited’. The author gives a historical background to Article 31(1) and shows how the Constituent Assembly treated the issue of same-sex marriages. The author also examines the circumstances leading to the absolute prohibition of same-sex marriages in the Constitution of Uganda. Drawing on social problem theory, the author argues that the absolute prohibition of same-sex marriages in Uganda could be explained by the perceived threat to the established cultural norms from emerging humanitarian norms.


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