Issue Twenty One - September 2011 - Bridging the Gap between Constitutional Rights and Homophobic Realities

South Africa’s Constitution is one of the most liberal and inclusive in the world. In particular, the Bill of Rights, Article 9 (3), guarantees that, “No person may unfairly discriminate directly or indirectly against anyone [on the grounds of] gender, sex, [or] sexual orientation.” Since the Constitutional dispensation, gay rights victories have been achieved in many areas: same-sex civil unions; same-sex adoption; same-sex spousal benefits; etc.