Gay rights in South Africa

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South Africa has a diverse history when it comes to the legal and social status of LGBT people as a result of traditional South African mores, western imperialism, Apartheid and the human rights movement that contributed to the down fall of apartheid. South Africa's post-apartheid constitution was the first in the world to outlaw dicrimination based on sexual orientation, and on 1 December 2006 South Africa made history by becoming the fifth country in the world and first in Africa to legalize same-sex marriage.

Contents 1 Early colonialism 2 Apartheid 3 Post-Apartheid 4 References: 5 Organizations

[edit] Early colonialism

Sodomy was a Common Law crime in South Africa and was defined as oral or anal sex between men. A 1957 law prohibited men from engaging in any erotic conduct when there were more than two people present [1].

[edit] Apartheid

The Apartheid government was hostile to the human rights of LGBT South Africans. Homosexuality was a crime punishable by up to seven years in prison and the law was used to harass and outlaw South African gay community events and political activists [2].

Despite the opposition, several South African gay rights organizations did arise in the late 1970s, around the time when the ruling National Party strengthened the national sodomy law in 1976. However, until the late 1980s gay organizations were often divided along racial lines and the larger political question of apartheid. The "Gay Association of South Africa", was mostly a white organizations that initially avoided taking an official position on apartheid, while the Rand Gay Organization started out as being multi-racial and in opposition to the racist political system of apartheid [3] [4].

From 1960s to the late 1980, the South African Defense Force forced white gay and lesbian soldiers to undergo various medicial "cures" for their sexual orientation, including sex change operations [5]. The treatment of gay and lesbian soldiers in the South African military was explored in the 2003 documentary film titled Property of the State.

In some regards, the outbreak of the AIDS-HIV epidemic in South Africa, forced LGBT South Africans out of the closet and to work together to fight the spread of the disease and to ensure that those that are infected have access to the life-saving medicine.

[edit] Post-Apartheid

In 1993 the African National Congress endorsed legal recognition of same-sex marriages, and the interim Constition opposed discrimination on the basis of sexual orientation and promised to defend a right to privacy. These provisions were kept in the new constitution, approved in 1996, due to the lobbying efforts of LGBT South Africans and the support of the African National Congress. Hence, South Africa became the first nation in the world to explicitly prohibit discrimination based on sexual orientation in its constitution. Two years later, the Constitutional Court of South Africa ruled that the law prohibited homosexual conduct between consenting adults in private, violated the Constitution

In 1998, Parliament passed the Employment Equity Act. The law protects South Africans from unfair labor discrimination on the basis of sexual orientation, among many other categories [6].

As of 2000, similar protections were extended to public accommodations and services with the approval of the Promotion of Equality and Prevention of Unfair Discrimination Act [7].

In December 2005, the Constitutional Court of South Africa ruled that it was unconstitutional to prevent people of the same gender marrying when it was permitted to people of opposite gender, and gave the South African Parliament one year to "rework laws allowing same-sex unions. If Parliament does not do this in one year, the Marriage Act will be rewritten to include the words "or spouse" to allow these unions to take place." According to a Mail & Guardian article, same-sex couples may marry at present, but the marriage is not recognised in law.

In November 2006 Parliament voted 230:41 for a bill, which will allow same-sex unions. The civil servants can refuse closing same-sex unions. [8]

While the Constitutional and legal system in South Africa theoretically ensure equality, public opinion tends to view homosexuality to be a taboo topic, especially outside of the cosmopolitian lifestyle available to the middle classes in the cities.

In 1998, the right-wing National Party leader denied accusations that he had paid a man for sex, by stating that he was a "Boerseun" (farmer's son), thus implying that homosexuality is not something that is found among the Afrikaners. South African Gay rights organizations called for an apology [9].

Gay women from smaller towns (especially the townships) are often victims of beating or rape because of the perceived threat they pose to traditional male authority [10]. South Africa has no specific "hate crime" legislation, and human rights organizations have criticized the South African police for failing to address the matter of bias motivated crimes. Human rights watchdogs believe that much of the sexism and homophobia that erupts is tied to male frustration with unemployment and poverty.

Most South Africans are against homosexual relationships as evidence by a 2002 Pew Research Center survey which suggest 63% of South Africans think homosexuality should not be accepted.

[edit] References:

• Constitutional Court's Media Summary of Decision
• "Parliament Ordered to Allow Gay Marriage" Mail & Guardian Online, Dec 1 2005, Johannesburg

[edit] Organizations

• Lesbian & Gay Equality Project