oa News and Views for Magistrates - The constitutional right to marriage for lesbian and gay people



Extracted from text ... On the 30th November 2003, the Supreme Court of Appeals in Fourie and Another v Minister of Home Affairs and Another, Case Number: 232/2003 declared the common law prohibition of same sex marriage unconstitutional, which paves the way for the statutory and regulatory laws to be changed as well. The case challenged the common law definition of marriage. According to the current common law definition, marriage is a legally recognised union for life between one man and one woman, to the exclusion of all others while it lasts. By defining marriage thus, the common law expressly prohibited two persons ..


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