Sexual orientation definition apartheid - LGBT rights in South Africa

The legal and social status of between ,—over 2 million lesbian, gay, bisexual, transgender and intersex South Africans has been influenced by a combination...

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Sexual orientation definition apartheid

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A historical perspective on the recognition of same-sex unions in South Africa. In pre South Africa the discourse on sexuality was rigidly controlled by apartheid and a distinct bias in favour of a certain brand of Christianity. Based on the concept of marriage as defined in Christendom, any kind of recognition of same-sex unions was prohibited in South Africa, and sexual relations between persons of the same-sex were characterised as deviant and criminal behaviour.

With the abolition of apartheid and the establishment of a new constitutional dispensation based on the values of equality, human dignity and freedom, discrimination against homosexuals was officially relegated to the past. The relegation is attributed to the political alliances formed between minority and marginalised members of our society. Political alliances inevitably led to the acceptance in the South African Constitution, , that discrimination on the ground of sexual orientation would automatically be unfair until proven otherwise.

This constitutional commitment led to various piecemeal legislative and judicial developments after , when the recognition and protection of same-sex life partnerships have been at issue.

The Constitutional Court declared the common-law definition of marriage to be inconsistent with the Constitution and as a result the Civil Union Act 17 of was enacted to govern same-sex marriage.

This article demonstrates how same-sex couples are made to feel like outsiders due to certain legal provisions, and that the guarantee of democratic tolerance for all South Africans still remains somewhat illusory. Marriage is traditionally defined as a voluntary union for life between one man and one woman to the exclusion of all others while it lasts.

In the period before the Westminster system of government applied in South Africa.

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2 thoughts on “Sexual orientation definition apartheid

  1. Everything you described is a government problem, we are not the government. We are not racist, the government is.

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