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Open Access. Powered by Scholars. Published by Universities.®

2019

UF Law Faculty Publications

Comparative and Foreign Law

South Africa; apartheid; post-apartheid; constitution; South African Constitution; African National Congress; ANC; A Bill of Rights for a New South Africa; discrimination; sexual orientation; sexuality; gay; gay rights; LGBT; LGBTQ; women; Women's Section; Constitutional Committee; bill of rights; draft Bill of Rights; multi-party democracy; democracy; Albie Sachs; Mayibuye Archives; ANC National Committee; NEC

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Roots Of Revolution: The African National Congress And Gay Liberation In South Africa, Joseph S. Jackson Jan 2019

Roots Of Revolution: The African National Congress And Gay Liberation In South Africa, Joseph S. Jackson

UF Law Faculty Publications

South Africa’s post-apartheid constitutions were the first in the world to contain an explicit prohibition of discrimination on grounds of sexual orientation, and that prohibition established the foundation for marriage equality and broad judicial and legislative protection of gay rights in South Africa. The source of this gay rights clause in the South African Constitution can be found in the African National Congress’s decision to include such a clause in the ANC’s A Bill of Rights for a New South Africa, published when the apartheid government of South Africa was still in power. This article traces the story of that …