behaviour that refuses to acknowledge difference, but the acceptance of the principle of difference itself, which accepts the variability of human behaviour.
[135]The invalidation of anti-sodomy laws will mark an important moment in the maturing of an open democracy based on dignity, freedom and equality. As I have said, our future as a nation depends in large measure on how we manage difference. In the past difference has been experienced as a curse, today it can be seen as a source of interactive vitality. The Constitution acknowledges the variability of human beings (genetic and socio-cultural), affirms the right to be different, and celebrates the diversity of the nation.[1]
[136]A state that recognises difference does not mean a state without morality or one without a point of view. It does not banish concepts of right and wrong, nor envisage a world without good and evil. It is impartial in its dealings with people and groups, but is not neutral in its value system. The Constitution certainly does not debar the state from enforcing morality. Indeed, the Bill of Rights is nothing if not a document founded on deep political morality.[2] What is central to the character and functioning of the state,
- ↑ The Preamble of the Constitution reads: “… believe that South Africa belongs to all who live in it, united in our diversity.” There are many provisions that deal with associational, cultural, religious and language rights as well as rights relating to belief and expression, all of which highlight the rich diversity of our country. See for example sections 6, 18, 29, and 31 of the Constitution. See also Gauteng Education above n 36 at paras 49 and 52.
- ↑ See Robertson and Merrils Human Rights in Europe 3 ed (1993) quoted in Coetzee v Government of the Republic of South Africa 1995 (10) BCLR 1382 (CC); 1995 (4) SA 631 (CC) at n 66.
