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Periodical issue Periodical issue Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Sexuality and the law
Editors:Goldblatt, BethISNI
Pantazis, AngeloISNI
Year:2007
Periodical:South African Journal on Human Rights (ISSN 0258-7203)
Volume:23
Issue:3
Pages:407-542
Language:English
Geographic term:South Africa
Subjects:marriage law
homosexuality
External link:https://www.tandfonline.com/toc/rjhr20/23/3
Abstract:This special issue follows the recent coming into law in South Africa of the Civil Union Act (Act 17 of 2006) that opens up the centuries-old institution of marriage to same-sex couples. The papers not only reflect on the first phase of gay and lesbian rights struggles using the Constitution in the South African courts, but also raise issues for consideration by the gay and lesbian movement and legal activists in future strategic engagement with the law. Ruthann Robson discusses the relationship between sexuality and democracy. Pierre de Vos argues that the adoption of the Civil Union Act does not represent the inevitable and triumphant culmination of a long legal and political struggle for the emancipation of gays and lesbians, but merely a small victory in the ongoing struggle for recognition of their full citizenship. David Bilchitz and Melanie Judge deal with the challenges and possibilities of the Civil Union Act for family law in South Africa. Jaco Barnard interrogates what he considers to be several totalitarian moments in the process that led to the legislation that authorized same-sex marriage in the country. Elsje Bonthuys investigates some racial and gendered dimensions of the Civil Union Act. Finally, Liz Picarra, commenting on the case of Gory v. Kolver no. 2007 (4) SA 97 (CC), opines that to the extent that the law recognizes unmarried same-sex partnerships, this is discriminatory against heterosexuals. [ASC Leiden abstract]
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