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The South African constitution -- its Bill of Rights --
expressly states in pertinent part:
"The Bill of Rights applies to all law, and binds the legislature, the executive, the judiciary and all organs of state. . . .
"Everyone is equal before the law and has the right to equal protection and benefit of the law.
"Equality includes the full and equal enjoyment of all rights and freedoms. To promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination may be taken.
"The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.
http://www.info.gov.za/documents/constitution/1996/96cons2.htm(bold-faced type emphasis added by TaleWgnDg)
This is why it is vital that sexual orientation be included in our own federal constitution. It will mean that -- then, and only then will -- GLBTs enjoy all the privileges and immunities that are expressly granted to all others u/ our federal constitution. There would be no wiggle room. Similarly, here, the South African highest court had no wiggle room. The words "sexual orientation" are express in its constitution.
However, I note that the Court stayed the order for one year and that it has ordered the legislative branch to enact laws in furtherance of the Court's ruling. That is, to make the present laws include marriage equality. On the other hand, does one year also allow conservatives to formulate an amendment to the country's constitution to expressly EXCLUDE GLBTs equal protection?
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