n South African Law Journal - Marriage and marriage-like relationships : constructing a new hierarchy of life partnerships

Volume 123, Issue 4
  • ISSN : 0258-2503
  • E-ISSN: 1996-2177



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&lt;/i&gt; 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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