Аннотация:On 28 November 2006, South Africa’s legislature passed the Civil Union Act (No. 17, 2006), which legalised same-sex marriages or civil partnerships. While South Africa was fifth in the world to recognise the right of people of the same sex to marry, the country is by no means free of homophobic attitudes. However, we argue that an examination of the discourses embedded in the public discussion of gay marriage shows that the post-1994 period has not simply been a case of homophobia as usual. The altered context has given rise to the need for new ways of homophobic discourse to position itself. The rights enshrined in the Constitution represent a powerful set of ideas about the distinction between the democratic state and its apartheid predecessor. These ideas provide the dominant framework for political debate in the current context and it is therefore within this overarching framework that anti-gay sentiments must find a way to express themselves that has legitimacy. Our finding is that the reinscription of homophobia in an era of the ascendancy of human rights discourse has been chiefly in terms of three potent legitimising tropes – homosexuality as ‘unAfrican’, ‘unGodly’, and ‘unnatural’. It is only by deepening our understanding of the terms in which homophobia is being articulated in the current period that we can develop effective counter discourses
