![]() Hardwick, United States Supreme Court, 1986 (upholding constitutionality of State law criminalising sodomy). Domestic LawĬonstitution of South Africa, Section 9 (guaranteeing equality, and equal protection before the law, and prohibiting unfair discrimination including on the grounds of sexual orientation), Section 10 (dignity), Section 14 (right to privacy), Section 36(1) (providing in part that the rights in the Bill of Rights “may be limited only in terms of law of general application to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom”). Whether laws criminalising sexual activity between consenting adult men violated the Constitution of South Africa. The Constitutional Court reviewed the order of the High Court. The High Court ruled the laws unconstitutional and invalid. The National Coalition for Gay and Lesbian Equality and the Human Rights Commission brought a lawsuit challenging the constitutionality of statutory and common law offences criminalising anal sex between consenting adult men (referred to as the “sodomy laws”). ![]()
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