Uganda govt says Anti-Homosexuality Bill not necessary; fate in Parliament unclear – Updated

UPDATE (3/25):
NTV Uganda has the report described below in my original post last night. The Parliament has not spoken on the Anti-Homosexuality Bill but yesterday the Museveni administration did, saying that the bill’s provisions will be covered in other legislation. Roll the tape:

While this is a positive development, it remains to be seen whether or not Bahati will be able to motivate his fellow MPs to pass the bill over the objections of the Museveni administration.
UPDATE: I just now received an email from a listener to Ugandan radio that David Bahati has been assured by the Legal and Parliamentary Affairs committee chair Stephen Tashobya that the AHB will be debated.
Original post 3/24/11, 8:16pm:
This afternoon I have heard from two sources in Uganda that the Anti-Homosexuality Bill has been shelved. Frank Mugisha, leader in the GLB community in Uganda posted this on his Facebook status:

Anti homosexuality bill should not be discussed, not needed redundant and unnecessary says Ugandan Government.

He followed that up with a message saying that “the bill is shelved…the govt has stopped it.”
I heard from another source that the UG Minister of Information was on NTV Uganda earlier today (evening there) saying that the bill was “unnecessary,” should not be considered and will not be supported by government.
There have been conflicting reports all along and so I hope to get additional information when the light of day visits Uganda. Government pulling out support is a critical issue, but Parliamentary leaders have said in the past that the bill is Parliament’s and will be decided by Parliament. One of the sources I am citing also said Bahati did not sound finished.
Watch this space, I will add news as I get it.
Update (3/25): While the reversal of course of the Museveni administration is a critical blow to the AHB, it seems clear that Bahati disputed the assessment of the government spokeswoman. What is not clear is how willing Bahati and his fellow MPs will be to cross the Museveni administration.
It is also important to add that the govt spokeswoman said that the govt disapproves of homosexuality and did not object to specific aspects of the bill. Rather, she claimed that current law and other proposed bills would handle the same issues.

Bryan Fischer: Freedom of religion only for Christians

In the wow, just wow category, Bryan Fischer continued his supremacist ways by stating that constitutional guarantees of freedom of  religion applies only to Christians. To wit:

Islam has no fundamental First Amendment claims, for the simple reason that it was not written to protect the religion of Islam. Islam is entitled only to the religious liberty we extend to it out of courtesy. While there certainly ought to be a presumption of religious liberty for non-Christian religious traditions in America, the Founders were not writing a suicide pact when they wrote the First Amendment. 

To bolster his claim, Fischer quotes Supreme Court Justice Joseph Story out of context:

“Probably at the time of the adoption of the constitution, and of the amendment to it, now under consideration, the general, if not the universal, sentiment in America was, that Christianity ought to receive encouragement from the state, so far as was not incompatible with the private rights of conscience, and the freedom of religious worship. An attempt to level all religions, and to make it a matter of state policy to hold all in utter indifference, would have created universal disapprobation, if not universal indignation…
“The real object of the amendment was, not to countenance, much less to advance Mahometanism, or Judaism, or infidelity, by prostrating Christianity; but to exclude all rivalry among Christian sects, and to prevent any national ecclesiastical establishment, which should give to an hierarchy the exclusive patronage of the national government.”
Story, writing as a constitutional historian, is quite clear. The purpose of the First Amendment was not “to advance Mohametanism” but to “exclude all rivalry among Christian sects.”

However, a elsewhere in the same book, Commentaries on the Constitution of the United States (1833), Story wrote:

It was under a solemn consciousness of the dangers from ecclesiastical ambition, the bigotry of spiritual pride, and the intolerance of sects, thus exemplified in our domestic, as well as in foreign annals, that it was deemed advisable to exclude from the national government all power to act upon the subject. The situation, too, of the different states equally proclaimed the policy, as well as the necessity of such an exclusion. In some of the states episcopalians constituted the predominant sect; in other presbyterians; in others, congregationalists; in other, quakers; in others again, there was close numerical rivalry among contending sects. It was impossible, that there should not arise perpetual strife and perpetual jealousy on the subject of ecclesiastical ascendancy, if the national government were left free to create a religious establishment. The only security was in extirpating the power. But this alone would have been an imperfect security, if it has not been followed up by a declaration of the right of the free exercise of religion, and a prohibition (as we have seen) of all religious tests. Thus, the whole power over the subject of religion is left exclusively to the state governments, to be acted upon according to their own sense of justice, and the state constitutions; and the Catholic and Protestant, the Calvinist and the Arminian, the Jew and the Infidel, may sit down at the common table of the national councils, without any inquisition into their faith, or mode of worship. (596-597)

Justice Story said correctly that most people in the early nation were Christian of one stripe or another. The common understanding was the state would advance Christianity, but Story’s argument, if read in context, was that the United States would be different. In matters of national business, there was not to be a religious test, no inquiry about allegiances to a particular religious view.
Elsewhere in his book, Story writes about the religious tests in England for those pursuing public office. Candidates had to demonstrate allegiance to the Church of England via statements from clergy and involvement in religious ceremony. Such tests according to Story, were designed to keep out “non-conformists of all denominations, infidels, Turks, Jews, heretics, papists, and sectaries…” However, the First Amendment stood against the formation of such tests in the new nation.
Story’s real argument is for a government which respected the individual conscience, saying that the “rights of conscience are, indeed, beyond the just reach of any human power.” (p. 727). Reading the relevant sections, it becomes clear that Fischer has pulled out a section out of the context of Story’s eloquent tribute to freedom of conscience that is the First Amendment.
As an addition to this post, I want to include a lengthy section of Joseph Story’s writing (free on Google books) on religious tests for involvement in public life. Story is commenting specifically on Article VI, paragraph 3 of the Constitution:

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.

Although primarily influenced by Christianity, the founders did not want state limitations on conscience and made that explicit. Story’s commentary blasts religious bigotry and supremacy and should be heeded by those on the Christian right who want to limit the religious freedom of others.

1841. The remaining part of the clause declares, that “no religious test shall ever be required, as a “qualification to any office or public trust, under the “United States.” This clause is not introduced merely for the purpose of satisfying the scruples of many respectable persons, who feel an invincible repugnance to any religious test, or affirmation. It had a higher object; to cut off for ever every pretence of any alliance between church and state in the national government. The framers of the constitution were fully sensible of the dangers from this source, marked out in the history of other ages and countries ,- and not wholly unknown to our own. They knew, that bigotry was unceasingly vigilant in its stratagems, to secure to itself an exclusive ascendancy over the human mind; and that intolerance was ever ready to arm itself with all the terrors of the civil power to exterminate those, who doubted its dogmas, or resisted its infallibility.
The Catholic and the Protestant had alternately waged the most ferocious and unrelenting warfare on each other; and Protestantism itself, at the very moment, that it was proclaiming the right of private judgment, prescribed boundaries to that right, beyond which if any one dared to pass, he must seal his rashness with the blood of martyrdom. The history of the parent country, too, could not fail to instruct them in the uses, and the abuses of religious tests. They there found the pains and penalties of non-conformity written in no equivocal language, and enforced with a stern and vindictive jealousy.
One hardly knows, how to repress the sentiments of strong indignation, in reading the cool vindication of the laws of England on this subject, (now, happily, for the most part abolished by recent enactments,) by Mr. Justice Blackstone, a man, in many respects distinguished for habitual moderation, and a deep sense of justice. “The second species,” says he “of non-conformists, are those, who offend through a mistaken or perverse zeal. Such were esteemed by our laws, enacted since the time of the reformation, to be papists, and protestant dissenters; both of which were supposed to be equally schismatics in not communicating with the national church; with this difference, that the papists divided from it upon material, though erroneous, reasons; but many of the dissenters, upon matters of indifference, or, in other words, upon no reason at all. Yet certainly our ancestors were mistaken in their plans of compulsion and intolerance. The sin of schism, as such, is by no means the object of temporal coercion and punishment. If, through weakness of intellect, through misdirected piety, through perverseness and acerbity of temper, or, (which is often the case,) through a prospect of secular advantage in herding with a party, men quarrel with the ecclesiastical establishment, the civil magistrate has nothing to do with it; unless their tenets and practice are such, as threaten ruin or disturbance to the state. He is bound, indeed, to protect the established church; and, if this can be better effected, by admitting none but its genuine members to offices of trust and emolument, he is certainly at liberty so to do; the disposal of offices being matter of favour and discretion. But, this point being once secured, all persecution for diversity of opinions, however ridiculous or. absurd they may be, is contrary to every principle of sound policy and civil freedom. The names and subordination of the clergy, the posture of devotion, the materials and colour of the minister’s garment, the joining in a known, or an unknown form of prayer, and other matters of the same kind, must be left to the option of every man’s private judgment.”

Timothy Shah’s Ugandan conspiracy

I am posting on Timothy Shah’s Christianity Today article about Uganda as I have time. Rather than posting one long response, my schedule has been friendly to shorter efforts.

In this one, I want to point out that Mr. Shah makes some assessments of David Bahati that are not based on contact or interview with Mr. Bahati. Shah writes:

Some American groups have thus made a crusade of opposing the anti-gay bill in Uganda largely because of the mistaken belief that American evangelical groups have made a crusade of advancing it. In fact, its origins have far more to do with the idiosyncratic insecurities of David Bahati. Mr. Bahati and some of his fellow Anglicans feel themselves under enormous pressure to demonstrate their moral and spiritual traditionalism. Increasing competition from Islam and conservative Pentecostals throughout sub-Saharan Africa makes Anglicans’ associations with liberals in the West suspect. Still, the theory of the bill’s American inspiration is a useful device that enables advocates of gay rights to attack homophobia in Uganda without appearing insensitive to Ugandans or Africans.

Mr. Shah seems intent on dismissing any American evangelical influence on the Anti-Homosexuality Bill and David Bahati. Instead, Shah has his own theory – “idiosyncratic insecurities of David Bahati.” Such an assessment would normally require reporting, interviewing and evidence. Not so, here. For instance, David Bahati told me late yesterday that he has not spoken to Shah. Without interviewing Bahati or citing evidence for his claims of “idiosyncratic insecurities,” we are left with Mr. Shah’s theory about religious competition among Anglicans, Pentecostals and Islam.

In fact, Bahati denies direct American influece while at the same time, disclosing secret American support for his effort. I don’t believe Americans wrote the bill, but it is surely true that there are prominent American evagelicals (e.g., Lou Engle, Molotov Mitchell, Cliff Kincaid) who have supported the effort.

Shah’s unfamiliarity with Bahati and the facts surrounding the bill lead him to a faulty narrative – one which has opposition coming only from the left and gay activists because of the black eye it gives to evangelicals. However, in fact, the real story here is the civil war among evangelicals over the bill’s intent and provisions. American Christians and gay rights advocates have found common ground in support for personal freedom of conscience, and opposition to state sanctioned imposition of religious dogma on citizens. One does not need to religiously affirm homosexual behavior to vigorously oppose this bill.

Shah’s lack of knowledge of the situation in Uganda is also revealed in the events of this week. Shah said that Ugandan religious and political leaders were repelled by the bill and that the bill had been stopped in its tracks. However, just in the past couple of days, we now hear from Parliament leaders that the AHB could be debated as early as next week. While op-eds are not hard news, they should be based in fact. Shah’s op-ed fails both as a faithful witness and informed opinion. CT should pull it yesterday.

UPDATE: Here is another Ugandan article reporting that the AHB will be debated during the short session beginning Tuesday.

Other posts on this topic:

Christianity Today author misleads on Uganda – March 15, 2011

Has Uganda’s antigay bill been stopped by Ugandan opposition? – March 16, 2011

Christianity Today’s website contradicts Timothy Shah’s CT conspiracy article – March 17, 2011

Uganda committee chair: Fate of Anti-Homosexuality Bill still uncertain

This morning, Stephen Tashobya, the chair of the Legal and Parliamentary Affairs committee of the Ugandan Parliament told me that the prospects for the Anti-Homosexuality Bill are still not certain. He denied saying that public hearings were planned, adding “what we said was we have that bill [the Anti-Homosexuality Bill] together with many other bills before the committee.”

Tashobya added, “When I was asked about that bill, I said yes, it is among the many bills that we have and we shall sit down as a committee and look at all the bills and set out a program. I cannot rule it [the Anti-Homosexuality Bill] but I cannot say at this stage.”

Last night, I posted a link to a UG Pulse article which quoted Tashobya as saying that the Anti-Homosexuality Bill would be one of the bills debated and possibly passed by this short session of Parliament which reconvenes March 22 and ends on May 12. However, this morning Tashobya confirmed his statements to me on March 3 and March 10 that he was not sure that there would be time enough for the anti-gay measure, saying “We won’t finish all the business before the committee by the end of the session.” However, about debate on the anti-gay bill, he said, “I cannot rule it out at this point.”

Tashobya cautioned that his views were conditioned by the need to take into account the views of his entire committee. He did confirm another UG Pulse report about a bill to address the rights of women. He told me that his view as committee chair was that the Domestic Relations Bill was “long overdue” should be considered before the Anti-Homosexuality Bill.

The author of the AHB, David Bahati welcomed the possibility that the AHB would make it to the floor of Parliament. In a statement to me this morning, Bahati wrote:

The urgency to have a measure to protect our children and traditional family and defend the decency of our society from the gathering evil of homosexuality is now. I believe parliament will come up with a law that puts Uganda’s interest first, namely, to prohibit same sex marriage, to stop the recruitment of our children, to stop the promotion of homosexuality and to establish a mechanism for rehabilitation, care and counselling.

In a way, public hearings have been taking place since October, 2009. However, it appears that now a narrow window is still open for stakeholders and other interested people to make their views known.

UPDATE: The Red Pepper demonstrates how much haste Bahati is in to get his bill passed.

NTV has this report in which we finally see Stephen Tashobya. I don’t know what to make of what seems like a contradiction between his statements on camera and his statements to me. This footage was edited and may not have included his full thoughts on the matter. If they can be reconciled, I would say that he plans debate if and when the committee takes up the anti-gay bill, but would not guarantee to me that the bill would get that far. Whatever the reality, these statements from Bahati and Tashobya should alert opponents that the window to have an impact is narrow.

Other posts on AHB timetable:

Uganda: Committee Chair describes Anti-Homosexuality Bill timetable – December 17, 2010

Reporters say anti-gay bill has been shelved – Ugandan politicians disagree – Jan 10, 2011

Committee chair says Uganda’s Anti-Homosexuality Bill may not be considered – March 3, 2011

Uganda’s Parliament back in session March 22. Will Anti-gay bill be debated? – March 10, 2011

UG Pulse: Anti-Homosexuality Bill to be debated when Parliament reconvenes

UPDATE: Please read this update in addition to this post.

…………………….

According to the UG Pulse, the Legal and Parliamentary Affairs committee chair Stephen Tashobya told media today that the Anti-Homosexuality Bill will be the subject of public hearings and debated this session.

This is consistent with most of what Tashobya has told me previously. Only one occasion has Tashobya told me that there might not be time to consider the AHB. Here is the UG Pulse’s report:

The controversial Anti Homosexuality bill is one of several bills that Members of Parliament on the Legal and Parliamentary Affairs committee are set to debate when the House resumes business next week.

The bill, which has caused uproar from human rights activists and donors since it was tabled in Parliament in 2009, seeks to criminalize the act, with one of the controversial clauses calling for death penalty for those who are found guilty of aggravated homosexuality.

Speaking to the media at Parliament today, the committee chairman, Stephen Tashobya said though the bill has created both local and international concern, it is up to Parliament to pass the bill.

Tashobya says the committee will hold public hearings where stakeholders’ views will be heard and a report made to the House for debate and possible passing before Parliament closes the 8th Parliament.

Ndorwa West MP and mover of the bill, David Bahati welcomed the development and said he would continue to lobby Ugandans to support the bill, whose intention is to protect the Ugandan traditional family and children.

Previous posts citing Tashobya:

Uganda: Committee Chair describes Anti-Homosexuality Bill timetable – December 17, 2010

Reporters say anti-gay bill has been shelved – Ugandan politicians disagree – Jan 10, 2011

Committee chair says Uganda’s Anti-Homosexuality Bill may not be considered – March 3, 2011

Uganda’s Parliament back in session March 22. Will Anti-gay bill be debated? – March 10, 2011