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He concluded that there was no justification for maintaining the common law crime of committing an unnatural sexual act by a man or between men, if such act would not constitute an offence if committed by a woman, between women or between a man and a woman; and made a declaration of constitutional inconsistency accordingly. Outside of regulatory control, conduct that deviates from some publicly established norm is usually only punishable when it is violent, dishonest, treacherous or in some other way disturbing of the public peace or provocative of injury. The latter was the course adopted by Heher J, notwithstanding the fact that the applicants had in argument limited their claim to relief in relation to consensual acts committed in private. The drafters realised that it was necessary both to proscribe such forms of discrimination and to permit positive steps to redress the effects of such discrimination. Without abandoning the relief sought in prayer f , the applicants did not pursue such relief in the High Court because they were of the view that only the Constitutional Court had jurisdiction to grant relief having the generalised effect of this prayer. Referral from Witwatersrand Local Division. The focus on prosecution and imprisonment is a consequence of the question the CJEU was asked.
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Supreme Court Ruling Makes Same-Sex Marriage a Right Nationwide - The New York Times


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He considered entering the priesthood at the age of 16, and became the first black student to attend St. Retrieved April 7, Phillips to retrain his employees, who included family members, and to tell them that a state anti-discrimination law overrode their religious beliefs. Frederick , he argued that the free speech rights of students in public schools are limited.
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