Did you know? South Africa was
the first country to proclaim:
a) Sexual
orientation as a human right in both its Interim (1993) and Final Constitution
(1996);
b) that
discrimination based on sex, gender or sexual orientation was forbidden.
In spite of the above, the
recognition of same-sex marriages only came much later as the South African
Common Law (mixture of Roman Dutch and English Law) merely defined a marriage
as "a union of one man with one woman, to the exclusion, while it lasts,
of all others,” resulting in conflict and a direct contravention of Section 9 (the
equality clause) of our Constitution.
It was not up until the lengthy
and well renowned battle in Minister of Home Affairs and Another v
Fourie and Another 2005, that the Common Law
definition of marriage (and the marriage formula in the Marriage Act, to the extent that they excluded
same-sex partners from marriage), was declared unfairly discriminatory and unjustifiable
by the Constitutional Court. This judgment was handed down by nine justices, agreeing
unanimously that the Common Law definition of marriage was unconstitutional and
invalid.
Wishing you a fantastic Friday and weekend ahead,
Legal Hero.
www.legalhero.co.za.
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