SOUTH AFRICA: Constitutional Court rules that it is unconstitutional to deny gay people the right to marry and instructed parliament to amend marriage laws to include same-sex unions within the year.

Record ID: 278115

  • Title: SOUTH AFRICA: Constitutional Court rules that it is unconstitutional to deny gay people the right to marry and instructed parliament to amend marriage laws to include same-sex unions within the year.
  • Date: 2nd December 2005
  • Summary: (SOUNDBITE) (English) JUDGE ALBIE SACHS SAYING: "The application by the Gay and Lesbian Equality Project and 18 Others for direct access is granted. B. The common law definition of marriage is declared to be inconsistent with the Constitution and invalid." PEOPLE LISTENING (SOUNDBITE) (English) JUDGE ALBIE SACHS SAYING: "If heterosexual couples have the options of deciding
  • Embargoed: 17th December 2005 12:00
  • Keywords:
  • Location: South Africa
  • Country: South Africa
  • Topics: Crime / Law Enforcement,Lifestyle
  • Reuters ID: LVAF439MTQUWNW5PVXQ5I2BQS4P7
  • Story Text: South Africa's high court on Thursday (December 1) said it was unconstitutional to deny gay people the right to marry and instructed parliament to amend marriage laws to include same-sex unions within the year.
    The Constitutional Court ruling put South Africa on course to become at least the world's fifth country to permit same-sex marriage and the first in Africa, where homosexuality remains largely taboo.
    The court, ruling on a government appeal of a lower court order which opened the door to gay marriage, said parliament would have one year to change the current definition of marriage which holds that it is between a husband and wife.
    Gay activists have argued that the official law should be changed to read "spouse" in order to include same-sex partners.
    "The current definition of marriage is considered to be inconsistent with the constitution ... the declaration of validity (of the marriage definition) is extended for 12 months after this judgement to remedy the defect," the ruling said.
    The court said that if parliament did not act the legal definition of marriage would be automatically changed to include same-sex unions. That would put South Africa alongside Belgium, the Netherlands, Spain and Canada in allowing gay marriages.
    Only one of the court's 11 judges dissented from the ruling, arguing the court should have legalised gay marriage with immediate effect.
    Post-apartheid South Africa has one of the most progressive constitutions in the world and the only one to enshrine equal rights for gays and lesbians.
    But the government has resisted efforts to broaden the official definition of marriage in the courts, arguing that only parliament should have the right to make the change.
    Leading churches have argued against the move, saying it flouted public opinion in the mainly Christian country, and called for a referendum on the divisive issue.
    Lawyers for gay rights groups said they were disappointed that the court did not act to make gay marriages legal immediately.
    " I am very happy though that finally our courts have discovered that the Common Law definition of marriage is unconstitutional, the fact that the Marriage Act has been inconsistent with our Constitution, I think those are some of our achievements," Lesbian activist, Fikile Vilakazi, told Reuters.
    The ruling puts South Africa out of step with much of Africa, where many countries outlaw homosexuality and publicly condemned it as "un-African."
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