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Gay and Lesbian Rights in the Constitution [1995] ZAConAsmRes 1418 (24 May 1995)

 



24/05/95

GAY AND LESBIAN RIGHTS IN THE CONSTITUTION

There has been mush debate in the press regarding the inclusion of homosexual rights in the general non-discriminatory clause of the new constitution. In particular much of the criticism of the inclusion of these rights has come form members of the African Christian Democratic Party (ACDP).

Our interim constitution protects all individuals in this country against discrimination, regardless of race, gender, religion or sexual orientation.

The interim Constitution has swept away the intolerance which has caused immense suffering and hardship to so many inhabitants of this country in the past. It is essential that the new Constitution ensures that all humans are entitled to the same rights based on the general principles of equality.

The Government of National Unity therefore cannot allow a small minority grouping in this country to undermine this principle . If they are allowed to do so (based on so called “Christian norms”) may they then not be able to extend their efforts to introduce discrimination against all groups of people who do not comply with their “norms’. Examples could include polygamy, freedom of expression of other religions, discrimination against non-religious people, single mothers people with AIDS, etc.

If the ACDP and life-minded groups are allowed to succeed on their efforts then the struggle for liberation , equality and justice has been for nothing

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