Conscientious objection to performing same-sex marriage in South Africa
- Authors: Kruuse, Helen
- Date: 2014
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/129186 , vital:36228 , https://doi.org/10.1093/lawfam/ebu001
- Description: This article considers whether public servants should be exempt from South Africa’s equality provisions and anti-discrimination legislation in solemnizing same-sex marriages. In order to deal with this question, the article analyses the treatment of freedom of conscience and conscientious objection by comparing the solemnization of same-sex marriage by public servants, with another public service: that of terminations of pregnancy. While each situation will inevitably turn on the particular circumstances of the case, I argue that there should be a content-neutral guiding principle (as well as consistency) in dealing with these situations. The issue in each situation is narrowed to whether a civil servant’s personal convictions can override the state’s secular obligations in providing a service, and whether there is room for a qualified right to conscientious objection. By analysing the matter in this way, it is clear that the unqualified statutory exemption clause in South Africa’s Civil Union Act is constitutionally objectionable.
- Full Text: false
- Date Issued: 2014
- Authors: Kruuse, Helen
- Date: 2014
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/129186 , vital:36228 , https://doi.org/10.1093/lawfam/ebu001
- Description: This article considers whether public servants should be exempt from South Africa’s equality provisions and anti-discrimination legislation in solemnizing same-sex marriages. In order to deal with this question, the article analyses the treatment of freedom of conscience and conscientious objection by comparing the solemnization of same-sex marriage by public servants, with another public service: that of terminations of pregnancy. While each situation will inevitably turn on the particular circumstances of the case, I argue that there should be a content-neutral guiding principle (as well as consistency) in dealing with these situations. The issue in each situation is narrowed to whether a civil servant’s personal convictions can override the state’s secular obligations in providing a service, and whether there is room for a qualified right to conscientious objection. By analysing the matter in this way, it is clear that the unqualified statutory exemption clause in South Africa’s Civil Union Act is constitutionally objectionable.
- Full Text: false
- Date Issued: 2014
The transformers: journalism education
- Authors: Boshoff, Priscilla A
- Date: 2014
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/141911 , vital:38015 , http://journals.co.za/content/rujr/2014/34/EJC159497
- Description: Universities are strange places. People come in as one kind of being, and leave quite different. They are places of transformation. One way in which they effect this transformation is to challenge our preconceived notions of the world, and our relationship to it. However, at the same time, universities are also places of privilege and so can be conservative – in the sense of conserving and fostering particular interests in their favour.
- Full Text:
- Date Issued: 2014
- Authors: Boshoff, Priscilla A
- Date: 2014
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/141911 , vital:38015 , http://journals.co.za/content/rujr/2014/34/EJC159497
- Description: Universities are strange places. People come in as one kind of being, and leave quite different. They are places of transformation. One way in which they effect this transformation is to challenge our preconceived notions of the world, and our relationship to it. However, at the same time, universities are also places of privilege and so can be conservative – in the sense of conserving and fostering particular interests in their favour.
- Full Text:
- Date Issued: 2014
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