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Alistair Boddy-Evans

Alistair's African History Blog

By Alistair Boddy-Evans, About.com Guide to African History

South African Appeal Court Approves Same Sex Marriage

Wednesday December 1, 2004
In a judgement that has predictably angered conservative groups, the South African Supreme Court of Appeal has ruled that the definition of marriage should be changed from being between a man and a woman to "the union of two persons to the exclusion of all others for life". The ruling was made on a case brought to the court by a lesbian couple who wished to have their marriage legally recognised on the basis that not being able to do so was unconstitutional given the SA Constitution makes discrimination based on sexual identity illegal.

The South African Gay and Lesbian Equality Project welcomed the ruling. Director Evert Knoesen said: "The removal of the common law prohibition against marriages between people of the same sex represents a major advance in the struggle toward securing an equal position for lesbian and gay people in the law and society. We are very pleased at the Supreme Court of Appeals' decision and we trust that this will encourage Government to make the necessary amendments to the statutory laws, rather than us having to challenge them in court."
Read BBC report
Read News 24.com report

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