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10 December 1996

South Africa's Constitution Bans Sexual Orientation Discrimination

Legal International

South Africa's new post-apartheid Constitution came into force, becoming the first in the world to explicitly prohibit discrimination based on sexual orientation. Section 9(3) of the Bill of Rights lists sexual orientation alongside race, gender, and religion as protected grounds. This was the result of deliberate advocacy by LGBTQ+ activists during the constitutional negotiations, supported by the ANC.

Impact & Significance

Set a global precedent as the first national constitution to protect sexual orientation, paving the way for South Africa to later legalise same-sex marriage in 2006.

Reference Record

Date
10 December 1996
Era
1990-1999
Sources
1

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