nonetheless, the margin of appreciation given to the legislative should not be unlimited. if there would be a clear infringement of rights based upon race, sex, or sexual orientation, the courts shall scrutinise the proposed justification with intensity. the courts were obligated to invalidate unconstitutional laws. following the margin of appreciation doctrine, the courts should also always bear in mind of their roles to protect minorities from the excesses of the majority. thus, courts should be provided evidence of acceptable justification for any infringement on fundamental rights. in this case, the court was not persuaded there had been any acceptable justification for the infringement of the applicant's rights.