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The majority of four rules that the common-law definition of marriage must be extended to include same-sex marriages but that such marriages cannot be solemnised in South Africa until the Marriage Act is amended, either by Parliament or by the Equality Project's application. The judgment is appealed to the Constitutional Court by both parties.
The Marriage Act, 1961 (Act No. 25 of 1961) is an act of the Parliament of South Africa governing the solemnisation and registration of marriages in South Africa.It does not deal with the dissolution of marriages, which is governed by the Divorce Act, 1979, or with matrimonial property regimes and the financial consequences of marriage, which are governed by the Matrimonial Property Act, 1984.
Same-sex marriage has been legal in South Africa since the Civil Union Act, 2006 came into force on 30 November 2006. The decision of the Constitutional Court in the case of Minister of Home Affairs v Fourie on 1 December 2005 extended the common-law definition of marriage to include same-sex spouses—as the Constitution of South Africa guarantees equal protection before the law to all ...
Three laws currently provide for the status of marriage in South Africa. These are the Marriage Act (Act 25 of 1961), which provides for civil or religious opposite-sex marriages; the Recognition of Customary Marriages Act (Act 120 of 1998), which provides for the civil registration of marriages solemnised according to the traditions of indigenous groups; and the Civil Union Act (Act 17 of ...
A South African gay pride flag flown at Cape Town Pride 2014. In 1998, National Party leader Marthinus van Schalkwyk denied accusations that he had paid a man for sex, by stating that he was a Boerseun (farmer's son), implying that homosexuality was not something to be found among Afrikaners. South African gay rights organisations called for an ...
Minister of Home Affairs and Another v Fourie and Another; Lesbian and Gay Equality Project and Others v Minister of Home Affairs and Others, [2005] ZACC 19, [1] [2] [3] is a landmark decision of the Constitutional Court of South Africa in which the court ruled unanimously that same-sex couples have a constitutional right to marry.
The Republic of South Africa has the most liberal attitudes toward gays and lesbians, as the country has legalised same-sex marriage and its Constitution guarantees gay and lesbian rights and protections. South Africa is the only country in Africa where any form of discrimination against the LGBTQ community is constitutionally forbidden.
In 2004 and 2013, under the UK Civil Partnership Act 2004 and Marriage (Same Sex Couples) Act 2013 respectively, British Nationals including Hong Kong residents holding BN(O) status already have the right to register as civil partners and get married with their same sex partners, under the UK law. However, the British consulate in Hong Kong ...