D-Day for gay marriages

2005-11-30 22:13

Johannesburg - The Constitutional Court will rule on Thursday on whether gay marriages are legal.

Last year, the Supreme Court of Appeal ruled that two women, Marie Fourie and Cecilia Bonthuys, should be allowed to get married.

Later, however, the couple found they couldn't register their church wedding with the department of home affairs.

The departments of justice and home affairs went to the Constitutional Court, seeking leave to appeal against the Appeal Court decision.

The departments' apeal was on the grounds that only parliament, not the courts, could amend legislation and that the Appeal Court had given a ruling on something for which it had not been asked.

Not recognised in law

In a separate application, the court has been asked by the couple and by an alliance of gay and lesbian organisations for the marriage formula under the Marriage Act of 1961 to be changed to include the words "or spouse" instead of "husband" and "wife".

Same-sex couples may marry at present, but the marriage is not recognised in law.

During proceedings in May, the court heard that the focus on procreation in marriage had become socially and technologically obsolete.

Doctors for Life said the Bible spoke out against homosexuality and that allowing same-sex marriages would do "violence to the mind and spirit" of deeply religious people.

- SAPA