Pope Francis has criticized laws that criminalize homosexuality as “unjust,” saying God loves all his children just as they are and called on Catholic bishops who support the laws to welcome LGBTQ people into the church.

Francis acknowledged that Catholic bishops in some parts of the world support laws that criminalize homosexuality or discriminate against the LGBTQ community, and he himself referred to the issue in terms of “sin.” But he attributed such attitudes to cultural backgrounds, and said bishops in particular need to undergo a process of change to recognize the dignity of everyone.

“These bishops have to have a process of conversion,” he said, adding that they should apply “tenderness, please, as God has for each one of us.”

Some 67 countries or jurisdictions worldwide criminalize consensual same-sex sexual activity, 11 of which can or do impose the death penalty, according to The Human Dignity Trust, which works to end such laws. Experts say even where the laws are not enforced; they contribute to harassment, stigmatization and violence against LGBTQ people.

In the U.S., more than a dozen states still have anti-sodomy laws on the books, despite a 2003 Supreme Court ruling declaring them unconstitutional. Gay rights advocates say the antiquated laws are used to harass homosexuals, and point to new legislation, such as the “Don’t say gay” law in Florida, which forbids instruction on sexual orientation and gender identity in kindergarten through third grade, as evidence of continued efforts to marginalize LGBTQ people.

The United Nations has repeatedly called for an end to laws criminalizing homosexuality outright, saying they violate rights to privacy and freedom from discrimination and are a breach of countries’ obligations under international law to protect the human rights of all people, regardless of their sexual orientation or gender identity.

Declaring such laws “unjust,” Francis said the Catholic Church can and should work to put an end to them. “It must do this. It must do this,” he said.

Francis quoted the Catechism of the Catholic Church in saying gays must be welcomed and respected, and should not be marginalized or discriminated against.

“We are all children of God, and God loves us as we are and for the strength that each of us fights for our dignity,” Francis said, speaking to the AP in the Vatican hotel where he lives.

Such laws are common in Africa and the Middle East and date from British colonial times or are inspired by Islamic law. Some Catholic bishops have strongly upheld them as consistent with Vatican teaching that considers homosexual activity “intrinsically disordered,” while others have called for them to be overturned as a violation of basic human dignity.

In 2019, Francis had been expected to issue a statement opposing criminalization of homosexuality during a meeting with human rights groups that conducted research into the effects of such laws and so-called “conversion therapies.”

In the end, the pope did not meet with the groups, instead met with Vatican No. 2, who reaffirmed “the dignity of every human person and against every form of violence.”

On Tuesday, Francis said there needed to be a distinction between a crime and a sin with regard to homosexuality.

“Being homosexual is not a crime,” he said. “It’s not a crime. Yes, but it’s a sin. Fine, but first let’s distinguish between a sin and a crime.”

“It’s also a sin to lack charity with one another,” he added.

Catholic teaching holds that while gays must be treated with respect, homosexual acts are “intrinsically disordered.” Francis has not changed that teaching, but he has made reaching out to the LGBTQ community a hallmark of his papacy.

Starting with his famous 2013 declaration, “Who am I to judge?” when he was asked about a purportedly gay priest, Francis has gone on to minister repeatedly and publicly to the gay and Trans community. As archbishop of Buenos Aires, he favored granting legal protections to same-sex couples as an alternative to endorsing gay marriage, which Catholic doctrine forbids.

Despite such outreach, Francis was criticized by the Catholic LGBTQ community for a 2021 decree from the Vatican’s doctrine office that the church cannot bless same-sex unions “because God cannot bless sin.”

The Vatican in 2008 declined to sign onto a U.N. declaration that called for the decriminalization of homosexuality, complaining the text went beyond the original scope and also included language about “sexual orientation” and “gender identity” it found problematic. In a statement at the time, the Vatican urged countries to avoid “unjust discrimination” against gays and end penalties against them.

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The Commercial Division of the High Court in Kampala has rejected an application by Bank of Uganda (BoU) to dismiss a case against it by the shareholders of Greenland Bank Limited for fraudulent closure of the bank.

Greenland bank, then an indigenous bank owned by the late Sulaiman Kiggundu, was incorporated on August 3, 1990 until April 1, 1999 when BoU closed it and placed it under liquidation.

In February 2022, a group of shareholders of Greenland Bank Ltd petitioned court indicating that BoU has taken a very long time to conclude the liquidation process of their bank. “A declaration that the continued liquidation of the 2nd defendant (Greenland bank) for more than 21 years without accountability to the plaintiffs is irregular, unreasonable and in bad faith,” the court document reads in part.

The shareholders also wanted the sale of the properties belonging to the bank on Plot 30 on Kampala Road and Plot 66 William Street declared irregular on the basis that they were sold below the market value. 

BoU wanted the case before court dismissed based on the preliminary point of law; for being barred by limitation and not disclosing a cause of action. The central bank contend further that the claim in relation to the sales of Plot 30 Kampala Road and Plot 66 William Street were completed in the year 2003 over 19 years ago and the proceeds of sale were duly appropriated and accounted for in the liquidation accounts and accordingly, any claims in relation to those sales is time barred.

However, the application before Hon Justice Stephen Mubiru has been dismissed meaning Court will proceed with the hearing of the case. Justice Mubiru said there are major facts to be established by court.

“The application is incompetent in as far as it concerns matters of facts majorly that require evidence and investigation by this Court which cannot be dealt with as preliminary points of law. The suit is neither barred by limitation, res judicata nor is it frivolous and vexatious.

“Since the determination of the issue of limitation in this case in respect of the rest of the claims is not a pure question of law, it cannot be decided as preliminary issue. The rest of the objections therefore stand overruled. The costs of the application shall abide the outcome of the suit,” Hon Justice Stephen Mubiru ruled on January 17, 2023.

M/s Semuyaba, Iga & Co. Advocates together with M/s Nyanzi, Kiboneka, Mbabazi and Co. Advocates on behalf of the respondents [shareholders of Greenland Bank] submitted that there are grounds in the application that are not pure points of law to be dealt with at the preliminary stage of the trial.

The bank’s shareholders want court to order the Central Bank render the true account of the management of the properties that belonged to the companies, associated with the bank at the time of closure.

The companies are Fiba Uganda Ltd, Fiba Coffee Uganda Ltd, Entebbe Resort Beach Ltd, Rock Hotel Tororo Ltd, GG Towers Ltd, Greenland Insurance Company Ltd, NBA Rose Ltd, Kampala University, Sapoba Printers, Greenland Bank Tanzania, Lenman Clinic Ltd, Greenland Clearing and Forwarding, Greenland Towers, Greenland Investments, and Greenland Forex Bureau Kenya, Uganda Grain Milling and Greenland Finance. 

“It is not true that the liquidation process continued for eight (8) years until 5th November, 2007. By a letter dated 14th July, 2020 the 1st applicant [BoU] stated that the winding up process of Greenland Bank Limited was yet to be concluded, since there were significant pending matters related to the verification and resolution of creditor claims,” the lawyers argued.

The shareholders instructed their lawyers to file the suit at the right time after obtaining reports of the Auditor General dated August, 2018 and the Parliamentary Committee on Commissions, Statutory Authorities and State Enterprises (COSASE) dated February, 2019, which reports unearthed the fraudulent activities of BoU.

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