Strydom v Nederduitse Gereformeerde Gemeente Moreleta Park

Last updated
Strydom v Nederduitse Gereformeerde Gemeente Moreleta Park
Palace of Justice, Church Square, pretoria.JPG
Court Transvaal Provincial Division
sitting as an Equality Court
Full case nameJohan Daniel Strydom v Nederduitse Gereformeerde Gemeente Moreleta Park
Decided27 August 2008 (2008-08-27)
Citation(s) [2008] ZAGPHC 269; [2008] ZAEQC 1; 30 ILJ 868
Court membership
Judge sittingDA Basson
Keywords

Strydom v Nederduitse Gereformeerde Gemeente Moreleta Park is a 2008 decision of the Transvaal Provincial Division of the High Court of South Africa in which the court held that it was unlawful for a church to fire a music teacher because of his sexual orientation. The plaintiff, Johan Strydom, was employed by the Moreleta Park congregation of the Dutch Reformed Church (NGK) until his contract was terminated because he was in a same-sex relationship. This was found to be unfair discrimination that was unlawful under the Promotion of Equality and Prevention of Unfair Discrimination Act. The church was ordered to pay R87,000 in damages and offer an unconditional apology. [1] The decision was criticised by some religious and political groups who claimed that it infringed on freedom of religion. [2]

Related Research Articles

<span class="mw-page-title-main">Fred Phelps</span> American pastor and activist (1929–2014)

Fred Waldron Phelps Sr. was an American minister and disbarred lawyer who served as the pastor of the Westboro Baptist Church, worked as a civil rights attorney, and ran for statewide election in Kansas. He gained national attention for his homophobic views and protests near the funerals of gay people, military veterans, and disaster victims who he believed were killed as a result of God punishing the U.S. for having "bankrupt values" and tolerating homosexuality.

<span class="mw-page-title-main">LGBT rights in Croatia</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in Croatia have expanded in recent years, but LGBT people may still face some legal challenges not experienced by non-LGBT residents. The status of same-sex relationships was first formally recognized in 2003 under a law dealing with unregistered cohabitations. As a result of a 2013 referendum, the Constitution of Croatia defines marriage solely as a union between a woman and man, effectively prohibiting same-sex marriage. Since the introduction of the Life Partnership Act in 2014, same-sex couples have effectively enjoyed rights equal to heterosexual married couples in almost all of its aspects. In 2022, a final court judgement allows same-sex couples to adopt children under the same conditions as everyone else. Same-sex couples in Croatia can also apply for foster care since 2020. Croatia bans all discrimination on the grounds of sexual orientation, gender identity, and gender expression.

The Boy Scouts of America (BSA), one of the largest private youth organizations in the United States, has policies which prohibit those who are not willing to subscribe to the BSA's Declaration of Religious Principle, which has been interpreted by some as banning atheists, and, until January 2014, prohibited all "known or avowed homosexuals", from membership in its Scouting program. The ban on adults who are "open or avowed homosexuals" from leadership positions was lifted in July 2015.

<span class="mw-page-title-main">LGBT rights in South Africa</span>

Lesbian, gay, bisexual and transgender (LGBT) people in South Africa have the same legal rights as non-LGBT people. South Africa has a complex and diverse history regarding the human rights of LGBT people. The legal and social status of between 400,000–over 2 million lesbian, gay, bisexual, transgender and intersex South Africans has been influenced by a combination of traditional South African morals, colonialism, and the lingering effects of apartheid and the human rights movement that contributed to its abolition.

Anthony Martin Priddis was the Bishop of Hereford in the Church of England from 2004 to 2013.

Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618 (2007), is an employment discrimination decision of the Supreme Court of the United States. Employers cannot be sued under Title VII of the Civil Rights Act of 1964 over race or gender pay discrimination if the claims are based on decisions made by the employer 180 days ago or more. Justice Alito held for the five-justice majority that each paycheck received did not constitute a discrete discriminatory act, even if it was affected by a prior decision outside the time limit. Ledbetter's claim of the “paycheck accrual rule” was rejected. The decision did not prevent plaintiffs from suing under other laws, like the Equal Pay Act, which has a three-year deadline for most sex discrimination claims, or 42 U.S.C. 1981, which has a four-year deadline for suing over race discrimination.

<i>National Coalition for Gay and Lesbian Equality v Minister of Justice</i> South African legal case

National Coalition for Gay and Lesbian Equality and Another v Minister of Justice and Others is a decision of the Constitutional Court of South Africa which struck down the laws prohibiting consensual sexual activities between men. Basing its decision on the Bill of Rights in the Constitution – and in particular its explicit prohibition of discrimination based on sexual orientation – the court unanimously ruled that the crime of sodomy, as well as various other related provisions of the criminal law, were unconstitutional and therefore invalid.

<i>Cradle of Liberty Council v. City of Philadelphia</i>

Cradle of Liberty Council, Inc., Boy Scouts of America, v. City of Philadelphia also known as Cradle of Liberty Council v. City of Philadelphia, [2:08-cv-02429RB] is a U.S. Court case involving the Cradle of Liberty Council versus the City of Philadelphia. The case was filed on May 23, 2008, in the United States District Court for the Eastern District of Pennsylvania. Judge Ronald L. Buckwalter presided over the case. The Boy Scouts were represented by Drinker Biddle & Reath. The case ended with the court ruling in favor of the Boy Scouts of America. The Cradle of Liberty Council Council is also entitled to collect $877,000 of legal costs from the city's unlawful action.

English v Sanderson Blinds Ltd [2008] EWCA Civ 1421 is a UK labour law case on the question of whether a person can claim discrimination for sexuality without being actually gay. The Court of Appeal decided that it was irrelevant whether someone was gay or not or the bullies believe the person is gay or not, if the harassment has sexuality as its focus.

<i>Toonen v. Australia</i> Court case

Toonen v. Australia was a landmark human rights complaint brought before the United Nations Human Rights Committee (UNHRC) by Tasmanian resident Nicholas Toonen in 1994. The case resulted in the repeal of Australia's last sodomy laws when the Committee held that sexual orientation was included in the antidiscrimination provisions as a protected status under the International Covenant on Civil and Political Rights (ICCPR).

<span class="mw-page-title-main">LGBT rights in Hong Kong</span>

Lesbian, gay, bisexual, transgender (LGBT) persons in Hong Kong, may face legal challenges not experienced by non-LGBT residents.

<span class="mw-page-title-main">LGBT rights in Belize</span>

Lesbian, gay, bisexual, and transgender (LGBT) persons in Belize face legal challenges not experienced by non-LGBT citizens, although attitudes have been changing in recent years. Same-sex sexual activity was decriminalized in Belize in 2016, when the Supreme Court declared Belize's anti-sodomy law unconstitutional. Belize's constitution prohibits discrimination on the basis of sex, which Belizean courts have interpreted to include sexual orientation.

<span class="mw-page-title-main">LGBT rights in Michigan</span>

Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Michigan may face some legal challenges not faced by non-LGBT residents. Same-sex sexual activity is legal in Michigan, as is same-sex marriage. Discrimination on the basis of both sexual orientation and gender identity is unlawful since July 2022, was re-affirmed by the Michigan Supreme Court - under and by a 1976 statewide law, that explicitly bans discrimination "on the basis of sex". The Michigan Civil Rights Commission have also ensured that members of the LGBT community are not discriminated against and are protected in the eyes of the law since 2018 and also legally upheld by the Michigan Supreme Court in 2022. In March 2023, a bill passed the Michigan Legislature by a majority vote - to formally codify both "sexual orientation and gender identity" anti-discrimination protections embedded within Michigan legislation. Michigan Governor Gretchen Whitmer signed the bill on March 16, 2023.

<i>Geldenhuys v National Director of Public Prosecutions</i> South African legal case

Geldenhuys v National Director of Public Prosecutions and Others is a decision of the Constitutional Court of South Africa which struck down as unconstitutional a law which set the age of consent at 19 for homosexual sex but only 16 for heterosexual sex.

<span class="mw-page-title-main">LGBT employment discrimination in the United States</span>

LGBT employment discrimination in the United States is illegal under Title VII of the Civil Rights Act of 1964; employment discrimination on the basis of sexual orientation or gender identity is encompassed by the law's prohibition of employment discrimination on the basis of sex. Prior to the landmark cases Bostock v. Clayton County and R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission (2020), employment protections for LGBT people were patchwork; several states and localities explicitly prohibit harassment and bias in employment decisions on the basis of sexual orientation and/or gender identity, although some only cover public employees. Prior to the Bostock decision, the Equal Employment Opportunity Commission (EEOC) interpreted Title VII to cover LGBT employees; the EEOC determined that transgender employees were protected under Title VII in 2012, and extended the protection to encompass sexual orientation in 2015.

<span class="mw-page-title-main">LGBT conservatism in the United States</span> Movement with conservatism

LGBTQ+ conservatism in the United States is a social and political ideology within the LGBTQ+ community that largely aligns with the American conservative movement. LGBTQ+ conservatism is generally more moderate on social issues than social conservatism, instead emphasizing values associated with fiscal conservatism, libertarian conservatism, and neoconservatism.

Barrett v. Fontbonne Academy is a Massachusetts Superior Court decision of December 16, 2015, that found that a Roman Catholic secondary school violated the state's laws against discrimination on the basis of both sexual orientation and gender when it withdrew an offer of employment from a candidate when officials learned he was in a civil same-sex marriage. It was the first decision in the United States since the nationwide legalization of same-sex marriage accomplished by the U.S. Supreme Court decision in Obergefell v. Hodges the previous June to consider the competing claims of discrimination in employment and the protections afforded religious institutions.

Hong Kong does not recognise same-sex marriages or civil unions. However, same-sex couples are afforded limited legal rights as a result of several court decisions, including the right to apply for a spousal visa, guardianship rights and joint custody of children, and spousal benefits for the partners of government employees.

Bostock v. Clayton County, 590 U.S. ___ (2020), is a landmark United States Supreme Court civil rights case in which the Court held that Title VII of the Civil Rights Act of 1964 protects employees against discrimination because they are gay or transgender.

References

  1. "Court rules in gay man's favour". News24. SAPA. 28 August 2008. Retrieved 20 March 2014.
  2. "Court's gay ruling upsets Christian bodies". Mail & Guardian. 29 August 2008. Retrieved 20 March 2014.