An analysis of the case of Laubscher N.O. v Duplan
Heterosexual people have historically held more power, privilege, and societal advantages than homosexual people. Prior to the Constitution and the right to equality, homosexual people were viciously discriminated against on the basis of their sexual orientation. This discrimination was extensive, but what was perhaps the most visible form of discrimination was the fact that gay people were not allowed to marry and as such could not inherit from their partners under the Intestate Succession Act whereas heterosexual people could. Since our constitutional democracy, this position has shifted to the extent that homosexual couples are actually afforded more protection than heterosexual couples. “This happened by accident, not design,” said Adv. Wim Trengove SC in a presentation to the Rhodes University final year LLB class of 2017.