ABSTRACT

The term homosexual was a medical invention of the late nineteenth century. Laws have never treated lesbians and gays kindly. As far as sexual conduct between humans is concerned, most of these many-faceted prohibitions have in current South African law become obsolete. More than most groups disparaged by race or gender, gays and lesbians are still widely regarded with distaste and rejection and often treated accordingly. The Constitution, if it is to have meaning in creating a plural society in South Africa, must honour variant life styles, and where no harm to others is involved it must guarantee people's autonomy to make choices affecting their own lives. Unlike those who experience discrimination on the ground of their sex or race, gays and lesbians face a source of social blame in that it is often claimed that sexual orientation is contagious, or, especially in adolescents, subject to conversion or to alteration by corruption.