^abNeither performed nor recognized insome tribal nations of the US. Recognized but not performed in several other tribal nations andAmerican Samoa.
^Registered foreign marriages confer all marriage rights in Israel. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
^A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
^Guardianship agreements confer some limited legal benefits in China, including decisions about medical and personal care.
^Hong Kong provides inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
Same-sex sexual relations are outlawed under a colonial-era law inherited when Uganda was aprotectorate of theBritish Empire. This law, which Uganda retained upon independence, was further amended by several pieces of legislation, including theAnti-Homosexuality Act, 2023, which severely restrictsfreedom of speech onLGBT topics and stipulates thedeath penalty for "aggravated homosexuality". This law prescribes up to twenty years' imprisonment for the "promotion of homosexuality", and life imprisonment for consensual, private sexual relations between people of the same sex.[2]LGBT rights are greatly restricted in the country, with gays and lesbians experiencing severe societal and legaldiscrimination.[3]
TheMarriage Act (Chapter 146;Swahili:Sheria ya Ndoa)[4] does not expressly forbidsame-sex marriages and does not contain a definition ofmarriage. However, it generally refers to married spouses as "husband" and "wife".[5] As a result, same-sex couples cannot marry in Uganda and do not have access to the legal rights, benefits and obligations of marriage, including protection fromdomestic violence,adoption rights,tax benefits andinheritance rights, among others. TheAnti-Homosexuality Act, 2023 provides for ten years' imprisonment for individuals entering a same-sex marriage.[6] The law was passed by theParliament of Uganda in March 2023, and eventually assented to by President Museveni in April.Civil unions, which would offer some of the rights and benefits of marriage, are likewise not recognised in Uganda.
Marriage between persons of the same sex is prohibited.[a]
Previously, the Constitution did not explicitly forbid same-sex marriages.[12] Article 31(3) states that "marriage shall be entered into with the free consent of the man and woman intending to marry." Further, Article 31(1) holds that "a man and a woman are entitled to marry only if they are each of the age of eighteen years and above and are entitled at that age to found a family; and to equal rights at and in marriage, during marriage, and at its dissolution."[1]
While many modern-day Ugandan cultures historically practicedpolygamy, there are no records of same-sex marriages being performed in local cultures in the way they are commonly defined inWestern legal systems. However, there is evidence for identities and behaviours that may be placed on the LGBT spectrum.[13] TheLango traditionally recognisedmudoko dako, individuals assigned male at birth but who are treated by Lango society as women and allowed to marry men. British anthropologistJack Herbert Driberg reported in 1923 that they were "rare", but some of his Lango informants told him that themudoko dako were "very common" among groups to the east, specially theTeso and theKaramojong.Jeremy Lawrance stated in the 1950s that among the Teso "people of hermaphroditic instincts are very numerous... The men are impotent and have the instincts of women and become women to all intents and purposes; their voices are feminine and their manner of walking and of speech is feminine. They shave their heads like a woman and wear women's ornaments and clothing. They do women's work and take women's names." However, he wrote that he knew "no cases in which they live with men as a 'wife'".[14][15][16]
InBuganda, one of the largest traditional kingdoms in Uganda, certain forms of same-sex relations were institutionalised. Young men served in the royal courts and provided sexual services for visitors and elites. It was an open secret thatMwanga II, who ruled in the latter half of the 19th century, was bisexual.[17] All these practices gradually disappeared as Uganda became moremodernized and exposed to Western culture andhomophobia in the 20th century.[14]
TheCatholic Church opposes same-sex marriage and does not allow its priests to officiate at such marriages. In December 2023, theHoly See publishedFiducia supplicans, a declaration allowingCatholic priests tobless couples who are not considered to bemarried according to church teaching, including theblessing of same-sex couples.[18] TheUganda Episcopal Conference condemned the declaration, issuing a statement that "the blessing which the Declaration says could be given to everyone refers to prayers that people may request for. For those in the state of sin, the prayers are meant to lead them to conversion. Therefore, the prayers for persons in same-sex relationships are not intended to legitimize their way of life, but to lead them on the path of conversion."[19][20][21]
TheChurch of Uganda, part of theAnglican Communion, is strongly opposed to same-sex unions. BishopsStephen Kaziimba andStanley Ntagali expressed support for the Anti-Homosexuality Act, 2023.[22] In 2013, Ntagali disapproved of theChurch of England's decision to allow clergy in civil partnerships to become bishops. He said, "It is very discouraging to hear that the Church of England, which once brought the Gospel of Jesus Christ to Uganda, has taken such a significant step away from that very gospel that brought life, light, and hope to us."[23] In 2023, Kaziimba criticized the Church of England's decision to allow clergy to bless same-sex civil marriages.[24]
LGBTQ portal
