The canary of the Constitution: same‐sex equality in the public sphere

Abstract

Nowhere is the paradox between the ideals of the South African Constitution and lived reality more apparent than in public contestations around gender and sexuality. Gay and lesbian equality has come to occupy a symbolic place as a litmus test of the success of constitutional democracy in South Africa. And yet, because gay and lesbian equality is not widely supported, it is also one of the key moral barometers testing the gap between the Constitution and public opinion. This article looks at a series of public hearings held under the auspices of the National House of Traditional Leaders to gauge public opinion on same‐sex marriages. This is used as a case study to explore how sexuality becomes pivotal in debates about nationhood and belonging.