n South African Law Journal - The heteronormative observer : the Constitutional Court's decision in : notes

Volume 128, Issue 3
  • ISSN : 0258-2503
  • E-ISSN: 1996-2177



In this note we propose to deal, from a particular vantage point, with the Constitutional Court's judgment in Amici Curiae) 2011 (3) SA 274 (CC): we investigate how heteronormativity (as a cultural phenomenon) influences the determination in the majority judgment (authored by Brand AJ) that defamation had been committed by the applicants. By using the term 'heteronormativity' we mean to gesture at the set of cultural practices and assumptions that privilege heterosexuality and assume that the monogamous heterosexual couples represent the principle of social union itself.

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