Constitution above religious conviction, says SAHRC in anti-gay venue case

Cape Town - The Constitution makes it clear that religious freedom must yield to constitutional prescript, the SA Human Rights Commission said in an affidavit to the Equality Court in the matter involving a wedding venue’s refusal to host a lesbian couple.

“On the plain wording of the Constitution, persons belonging to religious communities may not be denied the right to practise their religion, provided that they do not exercise this right in a manner that is inconsistent with any provision of the Bill of Rights. The Constitution therefore makes it clear that religious freedom must yield to constitutional prescript.

They say they are not unfairly discriminating against anyone for who they love, but that they should be allowed to differentiate between the events and activities that they are willing to facilitate on their property.

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