n South African Law Journal - Marriage and marriage-like relationships : constructing a new hierarchy of life partnerships
|Article Title||Marriage and marriage-like relationships : constructing a new hierarchy of life partnerships|
|© Publisher:||Juta Law Publishing|
|Journal||South African Law Journal|
|Publication Date||Jan 2006|
|Pages||626 - 647|
Since <i>National Coalition for Gay and Lesbian Equality v Minister of Home Affairs</i> 2000 (2) SA 1 (CC), South African family law has recognized three forms of life partnerships: marriage, same-sex life partnerships and opposite-sex life partnerships. This article seeks to identify a coherent theoretical framework within which a new hierarchy of life partnerships might be constructed. It considers freedom of choice and access to marriage in the light of <i>Minister of Home Affairs v Fourie</i> 2006 (1) SA 524 (CC). It also identifies some of the private and public interests that might be affected by a new regime of life partnerships.
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