[137]The fact that the state may not impose orthodoxies of belief systems on the whole of society has two consequences.[1] The first is that gays and lesbians cannot be forced to conform to heterosexual norms; they can now break out of their invisibility and live as full and free citizens of South Africa. The second is that those persons who for reasons of religious or other belief disagree with or condemn homosexual conduct are free to hold and articulate such beliefs. Yet, while the Constitution protects the right of people to continue with such beliefs, it does not allow the state to turn these beliefs—even in moderate or gentle versions—into dogma imposed on the whole of society.
[138]In my view, the decision of this Court should be seen as part of a growing acceptance of difference in an increasingly open and pluralistic South Africa. It leads me to hope that the emancipatory effects of the elimination of institutionalised prejudice against gays and lesbians will encourage amongst the heterosexual population a greater sensitivity to the variability of the human kind. Having made these observations, I express my full concurrence in Ackermann J’s judgment and order.
| For the Applicants: | Mr GJ Marcus SC and Mr M Chaskalson instructed By Nichollas, Cambanis and Associates |
- ↑ See S v Lawrence 1997 (10) BCLR 1337 (CC); 1997 (4) SA 1176 (CC) at paras 148 and 179.
