SA court rules in favour of same-sex marriages

JOHANNESBURG – South Africa’s highest court yesterday ruled in favour of same-sex marriages, striking down a law that banned gay unions and ordering parliament to draft new legislation within a year.

“The common law definition of marriage is declared to be inconsistent with the constitution and invalid to the extent that it does not permit same-sex couples to enjoy the status and benefits it accords heterosexual couples,” said Justice Albie Sachs in a ruling delivered by the constitutional court. The decision followed a Supreme Court of Appeal ruling in November 2004 that said same-sex couples could get married following an application by lesbian couple Marie Fourie and Cecilia Bonthuys.That ruling requested that the courts change the common-law definition of marriage from being a “union between a man and a woman” to a “union between two persons”.But the constitutional court judge said it was up to parliament to make the necessary changes.Recognition of same-sex marriages would put South Africa in the same league as the Netherlands and Belgium, which have enacted legislation granting gay and lesbian couples the same rights as heterosexual ones.A number of European countries – Denmark, France, Iceland, Norway and Sweden – offer a similar legal status to same-sex marriages as civil unions.- Nampa-AFPThe decision followed a Supreme Court of Appeal ruling in November 2004 that said same-sex couples could get married following an application by lesbian couple Marie Fourie and Cecilia Bonthuys.That ruling requested that the courts change the common-law definition of marriage from being a “union between a man and a woman” to a “union between two persons”.But the constitutional court judge said it was up to parliament to make the necessary changes.Recognition of same-sex marriages would put South Africa in the same league as the Netherlands and Belgium, which have enacted legislation granting gay and lesbian couples the same rights as heterosexual ones.A number of European countries – Denmark, France, Iceland, Norway and Sweden – offer a similar legal status to same-sex marriages as civil unions.- Nampa-AFP