Bruised but not broken: De Lange v Presiding Bishop of the Methodist Church of Southern Africa and Another 2016 (2) SA 1 (CC)

abstract

The fight for gender equality affects women’s rights in society (socially, economically, politically and spiritually) to practise their choice of faith without prejudice. The church as an important non-secular institution that influences everyday beliefs and practices, not least gender equality and attitudes to sexual difference, has been slow to question the consequences of gender discrimination. In particular the idea that tolerance of homophobic prejudice is acceptable or normative can be widely criticised. In many cases churches demonstrate a patriarchal, heteronormative attitude which denies the right to belonging and spiritual freedom to sexual minorities. While the post-apartheid state does not allow discrimination on the grounds of sexual orientation and has extended the rights of Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) persons to marry the spouses of their own choice, non-secular organisations actively use religious and other grounds to continue the practice of exclusion. This article discusses leadership in the church and the right to marry one’s partner of choice in the case of Reverend Ecclesia De Lange. De Lange, a self-identified lesbian, lost her job in the Methodist Church when she announced that she planned to get married. De Lange resolved to rectify the injustice meted out to her in pursuance of her chosen vocation and raised her constitutional right to equality and dignity and her right to keep her religious beliefs intact. The article looks at how De Lange was confronted by church rules which were used to question her conduct and dismiss her, and her opposition to the church’s decision. The complicity of the church in reproducing discrimination and homophobia is questioned and serves to demonstrate that religion, gender and job security intersect in multiple and complex ways. The article argues there is a need to be attentive to the difficulties faced by women who belong to religious organisations who endeavour to navigate through the complexities of religious freedom and sexual difference. The church constitutes part of the problem when it requires conformity to heteronormativity, effectively marginalising and othering those who do not conform. De Lange was penalised for being open about her sexual orientation to the church. She argued that the church should be an integral part of the solution by accepting and serving the spiritual needs of LGBTI persons rather than holding what she saw as double standards.

keywords:

• equality
• homosexuality
• same-sex marriage
• religion
• discrimination

Notes

1. The aim of the Act is to make the administration effective and accountable to people for its actions and together with the Constitution, it embraces the Batho Pele principles which promote South African citizens’ right to just administration. A full discussion of the administrative common law will not be discussed within the scope of this article. See Baxter L (1984) ‘Administrative Law’ Juta & Co, Ltd.

2. See C Rickard ‘Church gives blessing to pastors over gay marriage’, Rand Daily Mail, 17 December 2015, available at: http://www.rdm.co.za/politics/2015/12/17/church-gives-blessing-to-pastors-over-gay-marriages, site accessed 23 October 2016.

3. Available at: http://www.bbc.com/news/word-africa-36462240/ site accessed 10 Jun 2016.

4. A report ‘Homophobia and the Churches in Africa – A Dialogue. Seth Mokitimi Methodist Seminary, Pietermaritzburg, South Africa’. held on 7-8 April 2016, can be found at: www.theotherfoundation.org.

Additional information

Notes on contributors

Juanita Easthorpe

JUANITA EASTHORPE is a lecturer at the School of Law, University of KwaZulu-Natal, Pietermaritzburg campus. She holds a LLB and LLM qualification and is currently reading for her PhD in the area of family law. She lectures Family Law and Gender and the Law. Juanita’s research interest areas are Family Law, Gender and the Law, Labour Law and International Humanitarian Law. Her interests lie in helping to uplift woman in society and she is committed to promoting gender equality and human rights. Juanita is also an advocate of the High Court.