Same-sex partners 'new'

2005-05-17 12:43

Johannesburg - A Constitutional Court application relating to same-sex marriage began with gasps of disbelief and laughter at the State's apparent understanding of such relationships on Tuesday.

"Same-sex partnerships are a relatively new phenomena," said the department of home affairs' advocate Marumo Moerane, sparking laughter in the packed gallery.

The court was hearing an application to appeal a Supreme Court of Appeal ruling that the common law should be developed to allow same-sex marriage.

Moerane attempted to clarify that he meant partnerships as an institution, but then added: "We don't know whether single-sex relationships involve the idea of mutual support."

Gasps of disbelief and further laughter were silenced by deputy chief justice Pius Langa's warning that: "I think this gallery is going to be absolutely quiet, please."

Need to amend legislation

Moerane also came in for a grilling from the judges, including Mohamed Yacoob, who said the fact that marriage had existed since "time immemorial" meant that discrimination had also existed since time immemorial.

The department of home affairs believes that when the Supreme Court of Appeal ruled that the common law must be developed to allow same-sex marriages, it did so without having been asked to do so.

The department believes that the rules relating to the separation of powers mean that only parliament can develop the law.

Moerane said the department was not against same-sex relationships but believed that amending legislation was the correct way to address the issue.

Earlier a small group of protesters sang outside the court, demanding that same-sex marriages be recognised by law.

- SAPA