South African anti-homosexual laws struck down

South African anti-homosexual laws struck down

In passing judgment, Judge Jonathan Heher said that to penalise a gay
or lesbian person for the expression of his or her sexuality could only
be defended from a standpoint which depended on the baneful influences
of religious intolerance, ignorance, superstition, bigotry and fear of
what is different.

Mazibuko Jara of the National Coalition for Gay and Lesbian Equality,
which, with the Human Rights Commission, applied to the High Court to have
the laws overturned, told the South African Press Association, “During
the major part of the 350 years during which these common law offences
were part of our law, they carried the ultimate penalty of death.

“Our history records the litany of South Africans who have been drowned
in vats in prisons, burned at stakes, hanged on gallows, tortured and banished
as punishment for expressing a sexuality that differed from a heterosexual
norm. The silent suffering of those who have been executed must stand as
a constant reminder of the vagaries of intolerance and blind prejudice
that use religion as a justification.”

Jara said that millions of lesbian and gay people had grown up with
the stigma of criminality hanging over their heads. “The psychological
cost to their esteem, self-affirmation and humanity has been immense. That
humiliation will not be expunged simply by the stroke of Judge Heher's
pen. However, the judge's forthright striking down of these laws vindicates
the brave determination and patience of our community.”

From GLW issue 318