Queer Fact of the Day for 2 December
02
December
South Africa1999

Equality in immigration law

Immigration without a marriage certificate: how South Africa's Constitutional Court put same-sex couples on a par with married couples in 1999.

On 2 December 1999, the South African Constitutional Court handed down a ruling that reached far beyond immigration law. It held unanimously that same-sex couples could no longer be disadvantaged when it came to immigration.

What was at stake? The Aliens Control Act of the time gave foreign spouses of people permanently resident in South Africa easier access to a residence permit. Those living in a permanent same-sex partnership, however, got nothing. These couples could not marry. So the door remained closed.

The National Coalition for Gay and Lesbian Equality brought the case together with several couples affected. A court in Cape Town had already declared the rule unconstitutional but given parliament twelve months to correct it. The Constitutional Court went further. In the judgment, Justice Lourens Ackermann wrote that the law discriminated on the grounds of sexual orientation and violated the rights to equality and dignity. Instead of waiting for the legislature, the court simply read the missing words into the law. With immediate effect, partners in a permanent same-sex life partnership were also eligible.

It was the first time the country's highest court had dealt with the recognition of same-sex relationships. And the first time a South African court had directly supplemented a law in this way.

This was made possible by the new constitution after the end of apartheid. It was one of the first in the world to explicitly prohibit discrimination on grounds of sexual orientation. Only a year earlier, the same organisation had won the decriminalisation of homosexual acts. The ruling became a building block for many more. Step by step over the following years, couples won in court what they were entitled to: pension fund benefits, joint adoption, recognition as a family.

More facts in December

01DecPhilippines2015

The case of Jennifer Laude

A US marine, a murdered trans woman, a verdict with a catch: the case of Jennifer Laude in the Philippines.

03DecSwitzerland2003

The National Council says yes to registered partnerships

A yes from Bern: before marriage for all came registered partnership. The National Council led the way in 2003.

04DecIndia1998

"Fire" is sent back to the censors

A lesbian couple on India's screens: after attacks on cinemas, the government sent "Fire" back to the censors.

05DecUnited Kingdom2005

A wedding in a race against time

A fifteen-day waiting period was too long: how a couple in a hospice formed Britain's first civil partnership.

06DecSwitzerland2011

When Geneva heard "Gay rights are human rights"

In 2011, Hillary Clinton made gay rights human rights in Geneva. A sentence with consequences.

07DecNetherlands1946

A literary club as a cover

A literary club as a cover: in 1946, the world's oldest queer organisation was founded in Amsterdam.

08DecNorthern Ireland1982

The end of criminalisation

A man from Belfast sues in Strasbourg and wins. The result: Northern Ireland lifts its ban on gay men in 1982.

09DecCyprus2015

From criminal law to partnership

First banned, then recognised: Cyprus introduces civil partnership, including for same-sex couples.

10DecBhutan2020

Decriminalisation on Human Rights Day

On Human Rights Day, Bhutan's parliament removed the ban on same-sex love from the criminal code.

11DecGermany1994

An angel against forgetting

An angel with a broken neck: in 1994, Frankfurt received Germany's first memorial to persecuted homosexuals.

12DecAustralia2013

Married for five days

Married for five days: in 2013, the happiness of thirty-one couples was shattered before Australia's highest court.

13DecMali2024

The new criminal code makes homosexuality a crime

Since 13 December 2024, homosexuality has been a crime in Mali. A break with more than six decades of legal history.

14DecGermany (GDR)1988

The People's Chamber abolishes Paragraph 151

The GDR abolished its anti-gay paragraph five years before West Germany and shortly before the fall of the Wall.

15DecUSA1973

Homosexuality is no longer an illness

No longer ill: in 1973, American psychiatry removed homosexuality from its diagnostic manual.

16DecGeorgia2021

A ruling for those attacked in Tbilisi

In 2013, priests led a mob against queer activists in Tbilisi. Strasbourg saw it as state acquiescence.

17DecHungary2007

Parliament passes registered partnership

A law that came too early and stayed anyway: how Hungary passed registered partnership in 2007.

18DecVatican2023

A blessing, but no wedding

In 2023, the Vatican allowed blessings for same-sex couples for the first time. With clear limits.

19DecChina2014

A court says being gay does not need to be cured

Hypnosis and electric shocks against being gay: a Beijing court rules in favour of the victim for the first time.

20DecGermany2017

A victim of Paragraph 175 dies without compensation

Wolfgang Lauinger survived Gestapo custody and Paragraph 175. He was denied compensation until his death.

21DecNepal2007

The Supreme Court declares queer people equal citizens

A ruling from Kathmandu made queer people in Nepal equal citizens in 2007. With consequences to this day.

22DecUganda2008

A ruling against the raid

A raid, a humiliation at the police station and a ruling: the constitution also applies to queer people.

23DecGermany1888

The woman behind "Mädchen in Uniform"

She wrote one of the first lesbian film classics. In 1944, Christa Winsloe was murdered together with her partner.

24DecAndorra2014

Equal rights for Christmas

A Christmas present from the Pyrenees: on 24 December 2014, Andorra put same-sex couples on a par with marriage.

25DecUnited Kingdom2016

George Michael's last Christmas

He sang "Last Christmas" and died at Christmas. How George Michael turned a forced outing into pride.

26DecSpain1978

Homosexuality is no longer a "social danger"

Spain, 1978: homosexuality is no longer considered a "social danger". But the community was still far from free.

27DecGermany1901

Marlene Dietrich, tailcoat and a kiss for a woman

In a tailcoat she kissed a woman, long before Hollywood was ready for it: Marlene Dietrich was born in Berlin in 1901.

28DecArgentina2009

"I do" at the end of the world

Two activists travel all the way to Tierra del Fuego to marry. Their wedding becomes the first of its kind in Latin America.

29DecSerbia1999

The murder of Dejan Nebrigić

Murdered at twenty-nine: Dejan Nebrigić founded Serbia's first gay and lesbian organisation.

30DecNamibia2024

New marriage law excludes same-sex couples

A new marriage law in Namibia: courts open doors for queer couples, parliament closes them again.

31DecUSA1993

Brandon Teena and the failure of the authorities

Raped, mocked, murdered: in 1993, the case of Brandon Teena showed how the authorities failed trans people.