ConCourt to define 'marriage'

2005-05-16 18:35

Johannesburg - The definition of marriage will be the focus of a Constitutional Court challenge on Tuesday.

This follows a ruling last year by the Supreme Court of Appeal that the definition of marriage as being between a man and a woman discriminated unfairly against same-sex couples, and that the common law should be developed to take this into account.

The application relates to the relationship of two women - Marie Fourie and Cecilia Bonthuys - who have been partners since 1994, but are unable to marry.

The department of home affairs will challenge this ruling on the grounds that the appeal court violated the rule of the separation of powers by itself developing the common law in relation to this.

Fourie and Bonthuys will also raise the issue of their still not being able to marry, even though the appeal court ruling was in their favour.

'Formula' to be debated, too

The second matter deals with the formula in the Marriage Act of 1961 which prescribes the words "husband" and "wife" for people getting married.

An application to declare the formula unconstitutional and to rectify it to make provision for same-sex couples is due to be heard in Johannesburg High Court later this year.

The Lesbian and Gay Equality Project has applied for the matter to be heard directly by the Constitutional Court.

This application is being opposed by the minister of justice and constitutional development.

A number of other couples will be involved in the application and friends of the court include Catholic Church head Cardinal Wilfred Napier and a group called Doctors for Life International.

- SAPA