No More Apologies! Court Says Men Can Now Legally Marry Multiple Women in Uganda

In a ruling that has stirred nationwide discussion on marriage, culture, and human rights, Uganda’s Constitutional Court has upheld the legality of polygamy, declaring it a matter of personal choice and constitutional freedom, so long as all parties involved consent.

The unanimous ruling, delivered on July 10, 2025, comes in response to a high-profile petition filed by the Women’s Probono Initiative, a women’s rights organisation, which sought to outlaw the practice because it perpetuates inequality, emotional distress, and potential violence against women and children.

But in a powerful lead judgment, Justice Margaret Tibulya held that consenting adults who willingly enter polygamous unions cannot later disavow the terms they agreed to.

“Spouses who contract polygamous marriages are presumed to be aware of responsibilities and expectations,” she wrote. “Consenting adults cannot be heard complaining about terms and conditions they agree to abide by.”

Justice Tibulya emphasized that polygamy is deeply rooted in certain cultural and religious traditions, and that enforcing monogamy across the board would violate citizens’ freedom of choice and undermine human rights.

“Coercing citizens into practicing monogamy would be antithetical to the very idea of human rights,” she added. “The government is not under any duty to force people into enjoying rights they have not voluntarily chosen.”

Petitioner’s Arguments Rejected

The Women’s Probono Initiative had argued that polygamy leads to competition for attention and resources, emotional strain, and unequal burdens on women. They also asserted that polygamous arrangements deny women the legal protections enjoyed in monogamous marriages, especially regarding property rights, spousal support, and decision-making.

However, the justices rejected this view, maintaining that the diversity of Uganda’s cultural and religious landscape necessitates legal tolerance for different forms of marital unions.

Justice Oscar John Kihika criticized the assumption that society should conform to a single norm:

“The petitioner makes the fundamental mistake of assuming that society is homogeneous. Article 37 of our Constitution guarantees the right of choice in matters of culture, creed, and religion.”

The Women’s Probono Initiative reacted strongly to the ruling, calling it a betrayal of gender equality and a rollback on women’s rights in Uganda.

“This decision legitimizes deeply entrenched discrimination against women. It reinforces harmful practices that have no place in a modern society committed to equality,” the organisation said in a post-ruling statement.

They warned that the ruling sends a dangerous message and undermines Uganda’s international commitments to uphold women’s rights.

“Polygamy, by its very structure, places women in subordinate positions with fewer legal protections. This ruling leaves women in polygamous unions more vulnerable and pushes us further from achieving gender justice.”

A Precedent With Lasting Implications

With Justices Irene Mulyagonja, Moses Kazibwe Kawumi, and Dr Asa Mugenyi concurring, the judgment now forms a major legal precedent on marriage law in Uganda. It affirms that while polygamy remains lawful under customary and religious law, it must be practiced with mutual consent—and within the limits of the broader legal framework.

The ruling is likely to shape public discourse and future legislative proposals, as Uganda continues to grapple with balancing tradition, modernity, and the evolving global norms of gender equality.

Legal Clarification On Bigamy

The court, however, drew a clear line on bigamy. Justices ruled that a man who is already in a monogamous marriage under civil law cannot introduce a second wife without committing a criminal offence.

“Turning a monogamous marriage into a polygamous one without consent is criminal,” the court warned.