PAST & PRESENT
Protection from discrimination
The reasons for Cape Town's prominence as a destination for gay travellers are not hard to find; many of them are the same reasons Cape Town is a holiday destination for travellers of any kind. Its natural beauty is world-renowned, and it has over the past decade increasingly geared itself for a steady stream of international tourists.
For the gay traveller, however, it is perhaps South Africa's post-apartheid Constitution that tips the balance in our favour. Adopted in 1996 after lengthy discussion, debate and fine-tuning, the Constitution offers protection from discrimination on the grounds of race, gender or sexual orientation. It is the first Constitution in the world to do so, and is justly famous for this reason.
This new freedom forms a stark contrast, of course, to South Africa's history, in which homosexuals were legally restricted and persecuted. Laws against homosexual activity were on the statute books alongside the race laws that restricted black/white interaction and limited opportunities for black people.
In the 1960s, for instance, the state promulgated the "Three Men at a Party" Law in the wake of a police bust of a gay party in Forest Town, Johannesburg. This slightly laughable law forbade gatherings of three or more men for what the state defined as purposes of mutual stimulation.
Such laws, including the common law forbidding "sodomy", a legal category that used to cover more than is understood today by the term, were swept away by the new Constitution and subsequent legal challenges to old laws.