[24]But such provisions also impinge peripherally in other harmful ways on gay men which go beyond the immediate impact on their dignity and self-esteem. Their consequences—
“legitimate or encourage blackmail, police entrapment, violence (‘queer-bashing’) and peripheral discrimination, such as refusal of facilities, accommodation and opportunities.”[1]
[25]The impact of discrimination on gays and lesbians is rendered more serious and their vulnerability increased by the fact that they are a political minority not able on their own to use political power to secure favourable legislation for themselves.[2] They are accordingly almost exclusively reliant on the Bill of Rights for their protection.
[26]I turn now to consider the impact which the common law offence of sodomy has on gay men in the light of the approach developed by this Court and referred to in paragraph 19 above:
- ↑ Cameron above n 23 at 456 (footnote omitted).
- ↑ Cameron above n 23 at 458 says the following in this context:
“Traditionally disadvantaged groups such as women and blacks both constitute a majority of the South African population. Gays and lesbians, by contrast, are by definition a minority. Paradoxically, their perpetuation as a social category is dependent on the survival of the procreative heterosexual majority. Their seclusion from political power is in a sense thus ordained, and they will never on their own be able to use political power to secure legislation in their favour.”
