O’REGAN J and SACHS J Yet, what is central to the character and functioning of the state is that the dictates of the morality which it enforces, and the limits to which it may go, are to be found in the text and spirit of the Constitution itself.60 [105] The state has accordingly not only the right but the duty to promote the foundational values of the interim Constitution. One of the most important of these is to “create a new order in which all South Africans will be entitled to citizenship in a democratic constitutional state in which there is equality between men and women.”61 The question of commercial sex must 60 See R v Butler (1992) 8 CRR (2d) 1 at 30 where Sopinka J reasoned as follows: “To impose a certain standard of public and sexual morality, solely because it reflects the conventions of a given community, is inimical to the exercise and enjoyment of individual freedoms, which form the basis of our social contract . . . . On the other hand, I cannot agree with the suggestion of the appellant that Parliament does not have the right to legislate on the basis of some fundamental conception of morality for the purposes of safeguarding the values which are integral to a free and democratic society. As Dyzenhaus . . . writes: ‘Moral disapprobation is recognized as an appropriate response when it has its basis in Charter values.’ . . . [M]uch of the criminal law is based on moral conceptions of right and wrong and the mere fact that a law is grounded in morality does not automatically render it illegitimate. In this regard, criminalizing the proliferation of materials which undermine another basic Charter right may indeed be a legitimate objective.” 61 As stated in the Preamble of the interim Constitution. 71