South Africa has a diverse history when it comes to the legal and social status of lesbian, gay, bisexual, and transgender (LGBT) people as a result of traditional South African morals, western imperialism, Apartheid and the human rights movement that contributed to the down fall of apartheid. South Africa's post-apartheid constitution was the first in the world to outlaw discrimination based on sexual orientation, and on 1 December 2006 South Africa made history by becoming the fifth country in the world, and the first in Africa to legalize same-sex marriage. It was also the only republic to provide non-heterosexual individuals with exactly the same rights, such as adoption and military service, as heterosexual individuals, until it was joined by Argentina on 15 July 2010. The only other countries to provide these are all constitutional monarchies, such as Canada and the Netherlands. One year later an equal age of consent was achieved; after lengthy debate and an overhaul of sexual offences legislation, age of consent was gender-neutralized.

In the 1970s – 1980s, LGBT South Africans were among the many human rights movements in the nation, with some groups only dealing with LGBT rights and others advocating for a broader human rights campaign. The Apartheid government was hostile to the human rights of LGBT South Africans. Homosexuality was a crime punishable by up to seven years in prison; this law was used to harass and outlaw South African gay community events and political. activists.

In December 2005, the Constitutional Court of South Africa ruled that it was unconstitutional to prevent people of the same gender from marrying when it was permitted to people of the opposite gender, and gave the South African Parliament one year to pass legislation which would allow same-sex unions. In November 2006, Parliament voted 230:41 for a bill allowing same-sex civil marriage, as well as civil unions for unmarried opposite-sex and same-sex couples. However, civil servants and clergy can refuse to solemnise same-sex unions. Not all ANC members supported the new law. Current South African President Jacob Zuma was among its most outspoken opponents.