International Journal of Law, Policy and the Family Advance Access originally published online on March 3, 2009
International Journal of Law, Policy and the Family 2009 23(3):277-288; doi:10.1093/lawfam/ebp001
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The Absolute Prohibition of Same-sex Marriages in Uganda
* 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
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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.