The law, like the suburban American house, is designed to order a particular pattern of relationships, many of them oriented around the heterosexual nuclear family. For real people in contemporary circumstances to inhabit the house the law built, one has to find side doors and discreet corners, while the dominant space changes little and the façade remains unaltered. The two big L.G.B.T.-rights Supreme Court victories that came before Bostock—Windsor and Obergefell—did exactly that: they carved out a place for monogamous same-sex couples who want to marry (statistically, these are more apt to be white middle-class people like the plaintiffs) in the house of the American nuclear family.
Malema is no innocent victim. But he has been punished for his role in expressing opinion, not in preventing others from having their say. He is punished for saying that Mbeki cares more about Africans than Zuma — not for storming a stage in 2010 to try to bully Justice Minister Jeff Radebe. He is sanctioned for remarks on Botswana that were crass and embarrassing but no threat to democracy in the ANC — not for driving his opponents out of a hall in Limpopo or ignoring a court order in the Eastern Cape. The message is clear: ANC members can bully and bend the rules, as long as they don’t criticise leaders or deviate from policy. This insistence that the problem is not unfair contest but contest itself will worsen the problem. – Steven Friedman in Business DayBACK TO TOP