Gay man 'sought publicity'

2008-08-20 21:42

Pretoria - Any prejudice homosexual music lecturer Johan Strydom may have suffered after the NG Kerk, in Moreleta Park, dispensed with his services, was due to his own publicity seeking, counsel for the church told the Pretoria High Court on Wednesday.

Judge Dion Basson reserved judgement after hearing final arguments in Strydom's R200 000 damages claim against the church for his loss of income and dignity after being sacked from his post in the church's music academy for being a practising homosexual.

Strydom has also demanded an unreserved apology from the church.

Strydom's senior advocate Ronel Tolmay argued that the church had infringed his constitutionally protected right to equality, dignity, privacy and freedom to work in the profession of his choice.

Equated to robbers and murderers

Strydom had not only lost his job, but his own belief in God had been questioned, his morality attacked, and he had been equated to robbers and murderers simply on the grounds of his sexual orientation.

The NG Kerk had, in fact, in the year before Strydom lost his job, asked the forgiveness of homosexuals and their families for the pain caused by the church's' attitude about homosexuality in the past.

Tolmay accused the Moreleta Park congregation of applying the Bible "selectively" and said it had already had to change its stance on divorce and the role of women in the church.

"The church, in the past, justified apartheid on biblical grounds and had to ask forgiveness about it.

"The mere fact that the general synod has already asked for forgiveness from homosexuals is indicative that this debate is walking the same road as apartheid," she said.

Tolmay argued that Strydom could never have been placed under an obligation to reveal his sexual orientation to the church when he applied for the job, as this was in itself discriminatory.

Aware of church's stance

Senior counsel for the church, Johan Louw, argued that it was unlikely that equality considerations could outweigh the enormous impact of failing to give churches an exemption in relation to their spiritual leaders.

He said Strydom must have been aware that the church regarded homosexuality as a sin and expected a celibate life of all homosexuals in leadership positions, including the lecturers in the music academy.

Louw argued that if Strydom's homosexual lifestyle was known and the church did nothing about it, it would have created the impression that the church was not serious about the Bible and that it condoned homosexuality being practiced.

He stressed that the church had not rejected Strydom, but had invited him to walk the spiritual road with them, which he had rejected.

The church had acted reasonably and for a legitimate purpose, under the circumstances.

He said that if it was found that the church had acted unfairly, Strydom was not entitled to more than six-months' salary and should only be awarded a nominal amount for the damage to his dignity, as he had chosen to speak to the media about the case.

- SAPA