Homophobia and the Rights of Lesbians and Gays
In South Africa the rights and freedoms of religion or belief are recognised for "every person", "every individual", "everyone". This is a positive version of this broad formulation, which is also found in negative form by stating that "no one" or "no person" shall be deprived of these rights and freedoms. Generally speaking, the same is true of our legal system of equality before the law and other related rights and freedoms.
The South African Constitution explicitly prohibits discrimination on the ground of sexual orientation. The right to equality and equal protection before the law and the prohibition of discrimination on various grounds, amongst others sex, would be the most obvious defence in the case of attack of homosexuals. Lesbians and Gays, as human beings, are entitled to the same measure of protection offered by the law. There is no reason why these rights should be any different from the rights enjoyed by any other person.
ROOT CAUSE OF INTOLERANCE AND DISCRIMINATION BASED ON RELIGION OR BELIEF
One of the most basic of human rights is that of religious liberty, for religion is perhaps the most comprehensive of all human activities. Because this is so, it also, however, often tends towards absolutism and authoritarianism. The rights of Lesbians and Gays are violated either directly or indirectly. For example, they cannot marry as our government does not recognise same sex relationships. There is no sex education in government schools, so homosexuality is not addressed at school level. Even if there was sex education, it is doubtful that sexual orientation would have been addressed.
Protection by the church cannot be taken for granted, a person who been gay- bashed will not easily go to church for protection as the church cannot assist her because of prevailing attitudes against homosexuality, or the church may perpetrate violence against homosexuals. Just as heterosexuals have the right to privacy to express their interaction with other people, including the expression of their sexuality and the manner in which they conduct sexual affairs, homosexuals have the same rights.
The right to privacy demands that the same limitations regarding the conduct of sexual affairs between heterosexuals should also be applicable to homosexuals. In other words, why should the law concern itself with what homosexuals do in the privacy of their own homes, when it is not concerned about what heterosexuals do?
More important for me, is the right to human dignity. This right recognises, and guarantees, the inherent dignity of all persons. It is the right that recognises differences between people, and tells us that differences are okay. It is the right geared to fulfilment of human potential. With regard to sexual orientation, this is of particular importance, as this is the right that would help people of a different sexual orientation to escape the confines of their different sexual orientation, imposed by the restrictions and expectations of society.
The point that should be borne in mind when seeking out the causes of intolerance and discrimination based on religion or belief is that these causes are often interrelated. The underlying causes of any form of discrimination are complex, multifaceted and intertwined. Religion is not the cornerstone of the discrimination but rather the conceptions of the teachings of a religion have been twisted and construed to condone the prejudice.
Widespread ignorance and lack of understanding of the most basic elements of various religions or beliefs is probably the most prevalent cause of intolerance and discrimination based on religion or belief. Social tensions, which deny their victims the right to live in dignity and to enjoy the fruits of social progress, are another important cause of intolerance and discrimination based on religion or belief. Realisation of homosexuality usually results in denial, in living in fear of being found out. As a result a person may try to be what he/she is not. A lesbian or a gay person often tries to fit into society by pretending to be a heterosexual, thereby living a lie, a lie that goes to the roots of a person's being, because it is a lie to oneself, in fact, a denial of the self. That is understandable in the light of the constant attacks with notions that homosexuality is a sin, that it is unnatural.
In conclusion, the struggle for the rights of lesbians and gays are not and cannot be, restricted to gay and lesbian organisations. Lesbian and Gay rights will never be adequately protected only by gays and lesbians because they are a minority in any society. To achieve reform, partnerships have to be formed with other organisations and other members of the civil society that have at heart the protection of human rights and whose aim is to achieve equality for all, based on respect, dignity and tolerance.
Author: Cyprian Vimba
Originally published: 5 February 2003
Revised: N/A