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LGBT rights in South Africa

LGBT rights in South Africa South Africa
South Africa (orthographic projection).svg
Same-sex sexual activity legal? Male legal since 1998
Female never illegal
Age of consent equalised in 2007
Gender identity/expression Change of legal gender permitted since 2003
Military service Allowed to serve openly
Discrimination protections Constitutional and statutory protections (see below)
Family rights
Recognition of
relationships
Same-sex marriage since 2006
Adoption Joint and step-child adoption since 2002

South Africa has a complex and diverse history regarding the human rights of LGBTI people. The legal and social status of between 400,000 - over 2 million lesbian, gay, bisexual, transgender, intersex and gender non-conforming South Africans has been influenced by a combination of traditional South African mores, colonialism, and the lingering effects of apartheid and the human rights movement that contributed to its abolition. South Africa's post-apartheid constitution was the first in the world to outlaw discrimination based on sexual orientation, and South Africa was the fifth country in the world, and the first—and, to date, only—in Africa, to legalise same-sex marriage. Same-sex couples can also adopt children jointly, and also arrange IVF and surrogacy treatments. Nevertheless, LGBT South Africans continue to face considerable challenges, including social stigma, homophobic violence (particularly corrective rape), and high rates of HIV/AIDS infection.

Sexual intercourse between men was historically prohibited in South Africa as the common law crimes of "sodomy" and "unnatural sexual offences", inherited from the Roman-Dutch law.A 1969 amendment to the Immorality Act prohibited men from engaging in any erotic conduct when there were more than two people present. In the 1970s – 1980s, LGBT activism was among the many human rights movements in the nation, with some groups only dealing with LGBT rights and others advocating for a broader human rights campaign. In 1994, male same-sex conduct was legalised, female same-sex conduct never having been illegal (as with other former British colonies). At the time of legalisation, the age of consent was set at 19 for all same-sex sexual conduct, regardless of gender. In May 1996, South Africa became the first jurisdiction in the world to provide constitutional protection to LGBT people, via section 9(3) of the South African Constitution, which disallows discrimination on race, gender, sexual orientation and other grounds. As of 1 January 2008, all provisions that discriminate have been formally repealed. This included introducing an equalised age of consent at 16 regardless of sexual orientation, and all sexual offences defined in gender-neutral terms.


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