Decriminalization of Sodomy Under South Africa's 1996 Constitution: Implications for South African and U.S. Law

Authors

• Heidi Joy Schmid

Abstract

The note examines the landmark decision of the South African Constitutional Court in National Coalition for Gay and Lesbian Equality and Another v. Minister of Justice and Another, which invalidated sodomy laws as unconstitutional. The court held that these laws violated rights to dignity, privacy, and equality under the South African Constitution of 1996. Judge Sachs emphasized the interconnectedness of privacy and equality rights, advocating for a broad interpretation of privacy and the importance of dignity in challenging discriminatory laws. The decision not only advanced sexual minority rights in South Africa but also highlighted broader implications for global jurisprudence, particularly in challenging similar laws elsewhere, such as in the United States.

Disciplines

Comparative and Foreign Law | Criminal Law | Criminal Procedure | Law | Sexuality and the Law

Recommended Citation

Heidi J. Schmid, Decriminalization of Sodomy Under South Africa's 1996 Constitution: Implications for South African and U.S. Law, 8 Cardozo J. Int'l & Comp. L. 163 (2000).
Available at: https://larc.cardozo.yu.edu/cjicl/vol8/iss1/8