person’s (esp. political or psychological) attitude or adjustment in relation to circumstances, ideas, etc; determination of one’s mental or emotional position.” As to “sexual orientation”, I adopt the following definition put forward by Cameron:
“… sexual orientation is defined by reference to erotic attraction: in the case of heterosexuals, to members of the opposite sex; in the case of gays and lesbians, to members of the same sex. Potentially a homosexual or gay or lesbian person can therefore be anyone who is erotically attracted to members of his or her own sex.”[1]
[21]The concept “sexual orientation” as used in section 9(3) of the 1996 Constitution must be given a generous interpretation of which it is linguistically and textually fully capable of bearing. It applies equally to the orientation of persons who are bi-sexual, or transsexual and it also applies to the orientation of persons who might on a single occasion only be erotically attracted to a member of their own sex.[2]
[22]The desire for equality is not a hope for the elimination of all differences.
“The experience of subordination—of personal subordination, above all—lies behind the vision of equality.”[3]
- ↑ Id at 452.
- ↑ A similar wider meaning is supported by Kentridge in Chaskalson and Others Constitutional Law of South Africa, Revision Service 2 (1998) at 14–26 where the learned author states:
“Culture, sexual orientation, gender and even sex are not necessarily immutable. Rather than extending protection only to immutable human features, it should be recognized that certain choices are so important to self-definition that these too should be protected.”
Compare also, Sexual Orientation and the Law by the Editors of the Harvard Law Review, 1990 Harvard University Press at fn 1 at 1.
- ↑ Michael Walzer Spheres of Justice: A Defence of Pluralism and Equality (Basil Blackwell, Oxford 1983) at xiii.
