South Africa: Constitutional Assembly Resources Support SAFLII

You are here:  SAFLII >> Databases >> South Africa: Constitutional Assembly Resources >> 1995 >> [1995] ZAConAsmRes 953

| Noteup | LawCite

Citizen Contribution: Anonymous [1995] ZAConAsmRes 953 (26 February 1995)

 

26-02-1995


I am a gay South Africa, aged 25 years old, and I am not only writing to you in my personal capacity, but also on behalf of a group of gay friends of mine and we want to ensure that we are not left out of the Constitution-making process.

Everybody would like to think that South Africa is now a liberated country of equal rights, unfortunately this is not so. It is fact that the gay community is discriminated against and we need to make our voices heard in this regard,

Although we concede that great strides have been made, we must however highlight the following points.

(1) We are still formally classified as criminals in terms of the law.

(2) We have a different legal age of consent to heterosexual people.

(3) We have no legal rights to adopt children.

(4) Our love relationships/partnerships are not officially recognized by law (marriage)

All of the above are basic human rights and so long as we are denied these rights, we are removed out of the "human" category and classified as something else. This devalues us as human beings.

We do not ask for special gay rights, we just want the same basic human rights that apply to the rest of society.

We know that you, the lawmakers, have the task of protecting all South Africans and feel that you can help us in changing society's perceptions of homosexuality.

We are not asking you to pass new laws specifically for gays, but only to include us in the existing ones.

Our cause is not only a moral and legal one. The heart of our cause is about dignity. We have the right to have our marriages sanctified by law, and to adopt children and not to be denied the family unit.

We contribute as much to society and the economy as anybody else and the time has come for the discrimination to stop.


Conservative estimates put the gay community at 10% of the population. That is a lot of South Africans. Being gay is non-discriminatory. We come from all backgrounds, all walks of life, all professions, all cultures, all races, both genders, fat people, thin people, disabled people etc. ...

Please give us the basic rights that we deserve and welcome us into the "human race".

If society continues to discriminate after you have modified the laws, at least we will have the confidence to got to the Constitutional Court, as proud South Africans, Knowing that at least the law is on our side - where they should be - on everybody's side.
Thanking you with great hope and anticipation.
ANONYMOUS
P.S. I would love to sign off with my name and address, but because discrimination is still rife, I do not yet feel safe enough to do so.