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LGBT Rights in Gauteng Province

The laws displayed for Gauteng are the same as South Africa.
    Homosexuality
    ✔ Legal
    Gay Marriage
    ✔ Legal
    Censorship
    ✔ No censorship
    Changing Gender
    ✖ Legal, but requires surgery
    Non-binary gender recognition
    ✔ Recognized
    Discrimination
    ✔ Illegal
    Employment Discrimination
    ✔ Sexual orientation and gender identity
    Housing Discrimination
    ✔ Sexual orientation and gender identity
    Adoption
    ✔ Legal
    Military
    ✔ Legal
    Donating Blood
    ✔ Legal
    Conversion Therapy
    ✖ Not banned
    Age of Consent
    ✔ Equal
Suggest Public Opinion Data

History

Homosexual activity in Gauteng

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Homosexual activity in Gauteng is legal.

Current status
Since Oct 9, 1998
Legal
While it remained illegal until the court gave its ruling on 9 October 1998, the 1998 ruling was ordered to be retroactively applied to 27 April 1994.
Added by brennen  ·  0 accurate votes  ·  Report Error  ·  Log

Apr 12, 1957–Aug 27, 1998
Illegal (imprisonment as punishment)
The prescribed penalty was a fine of up to R4000 or imprisonment for up to two years, or both.
Added by brennen  ·  0 accurate votes  ·  Report Error  ·  Log

Same-sex marriage in Gauteng

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Same-sex marriage in Gauteng is legal.

Current status
Since Nov 30, 2006
Legal
Added by brennen  ·  0 accurate votes  ·  Report Error  ·  Log

Censorship of LGBT Issues in Gauteng

?

Censorship of LGBT Issues in Gauteng is no censorship.

Current status
No censorship
In South Africa, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
Added by equaldex  ·  0 accurate votes  ·  Report Error  ·  Log

Right to change legal gender in Gauteng

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Right to change legal gender in Gauteng is legal, but requires surgery.

Current status
Since Mar 15, 2004
Legal, but requires surgery
Medical OR surgical treatment required to change legal gender.
Added by brennen  ·  0 accurate votes  ·  Report Error  ·  Log

Legal recognition of non-binary gender in Gauteng

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Legal recognition of non-binary gender in Gauteng is recognized.

Current status
Since 2021
Recognized
Non-Binary people will now have access to a 3rd gender option in government documents, should come into effect shortly.
Added by DuffdeNecker  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT discrimination in Gauteng

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LGBT discrimination in Gauteng is illegal.

Current status
Since May 8, 1996
Illegal
Added by brennen  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT employment discrimination in Gauteng

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LGBT employment discrimination in Gauteng is sexual orientation and gender identity.

Current status
Since 1996
Sexual orientation and gender identity
prohibition can be found in the Constitution (since 1994) and also in the Labour Relations Act of 1995, in force 11
November 1996 (http://www.info.gov.za/view/DownloadFileAction?id=70985); in the Employment Equity Act of 1998 (www.
info.gov.za/view/DownloadFileAction?id=70714; and in the Promotion of Equality and Prevention of Unfair Discrimination
Act of 2000 (www.info.gov.za/view/DownloadFileAction?id=68207)
Added by murrayhawthorne  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT housing discrimination in Gauteng

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LGBT housing discrimination in Gauteng is sexual orientation and gender identity.

Current status
Since Feb 4, 1997
Sexual orientation and gender identity
Discrimination (including by private parties) prohibited by sec. 9 of the Constitution of 1996. Discrimination in rental housing specifically prohibited by sec. 4 of the Rental Housing Act 50 of 1999. Discrimination in all areas (including housing) prohibited by sec. 6 of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000. Gender identity is not specifically mentioned but is included by case law.
Added by ctnguy  ·  0 accurate votes  ·  Report Error  ·  Log

Same-sex adoption in Gauteng

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Same-sex adoption in Gauteng is legal.

Current status
Since Apr 1, 2010
Legal
Made officially legal through the Consolidated Children's Act of 2010
Added by brennen  ·  0 accurate votes  ·  Report Error  ·  Log

Sep 10, 2002–Apr 1, 2010
Legal
Legal under the case of Du Toit v Minister of Welfare and Population Development, later made official through the Consolidated Children's Act of 2010
Added by brennen  ·  0 accurate votes  ·  Report Error  ·  Log

Serving openly in military in Gauteng

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Serving openly in military in Gauteng is legal.

Current status
Since May 8, 1996
Legal
Added by brennen  ·  0 accurate votes  ·  Report Error  ·  Log

Jan 1, 1971–Jan 1, 1989
Ambiguous
Between these time frames, the military often sent homosexual soldiers to psychiatric hospitals for shock therapy and, in some cases, sexual reassignment surgeries. Between 1967 and 1991, all white males over the age of 16 were conscripted in South Africa
Added by brennen  ·  0 accurate votes  ·  Report Error  ·  Log

Blood donations by MSMs in Gauteng

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Blood donations by MSMs in Gauteng is legal.

Current status
Since Jan 2014
Legal
Newer law has been passed. As of 20/05/2014 South African National Blood Service (SANBS) will accept donations from anyone as long as they have been in a monogamous relationship for the prior six months, or celibate - regardless of sexual orientation. Donors will be asked about sexual history rather than sexual orientation. Six month deferral instead applies to everyone with new sexual partners.
Added by imullin01  ·  0 accurate votes  ·  Report Error  ·  Log

Nov 1, 2007–May 2014
Banned (6-month deferral)
Added by brennen  ·  0 accurate votes  ·  Report Error  ·  Log

Conversion therapy in Gauteng

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Conversion therapy in Gauteng is not banned.

Current status
Not banned
There's no evidence that conversation therapy is practiced in South Africa, despite this, conversion therapy is believed to be performed.
Added by Ro_Guy  ·  0 accurate votes  ·  Report Error  ·  Log

Equal age of consent in Gauteng

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Equal age of consent in Gauteng is equal.

Current status
Since Dec 14, 2007
Equal
Added by brennen  ·  0 accurate votes  ·  Report Error  ·  Log

Apr 27, 1994–Dec 16, 2007
Ambiguous
Section 14 of the Sexual Offences Act 23 of 1957, as inserted by the Immorality Amendment Act 2 of 1988, set the age of consent for gay and lesbian sex at 19, as opposed to 16 for straight sex. However, in the case of Geldenhuys v National Director of Public Prosecutions and Others the Constitutional Court found this discrimination to be unconstitutional, and set 16 as the uniform age of consent retroactively to 27 April 1994.
Added by ctnguy  ·  0 accurate votes  ·  Report Error  ·  Log

Mar 4, 1988–Apr 27, 1994
Unequal
Section 14 of the Sexual Offences Act 23 of 1957, as inserted by the Immorality Amendment Act 2 of 1988, set the age of consent for gay and lesbian sex at 19, as opposed to 16 for straight sex. Gay male sex was in any case illegal for all ages.
Added by ctnguy  ·  0 accurate votes  ·  Report Error  ·  Log

May 21, 1969–Mar 4, 1988
Unequal
Even though gay male sex was illegal for all ages, section 14 of the Immorality Act 23 of 1957, as inserted by the Immorality Amendment Act 57 of 1969, set the age of consent for gay male sex at 19, as opposed to 16 for straight sex. There was no age of consent for lesbian sex.
Added by ctnguy  ·  0 accurate votes  ·  Report Error  ·  Log