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Rh But such provisions also impinge peripherally in other harmful ways on gay men which go beyond the immediate impact on their dignity and self-esteem. Their consequences— “legitimate or encourage blackmail, police entrapment, violence (‘queer-bashing’) and peripheral discrimination, such as refusal of facilities, accommodation and opportunities.”

The impact of discrimination on gays and lesbians is rendered more serious and their vulnerability increased by the fact that they are a political minority not able on their own to use political power to secure favourable legislation for themselves. They are accordingly almost exclusively reliant on the Bill of Rights for their protection.

I turn now to consider the impact which the common law offence of sodomy has on gay men in the light of the approach developed by this Court and referred to in paragraph 19 above:

Rh