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Gay man to contest rights
16/03/2006 07:52 - (SA)
Johannesburg - A man will on Thursday contest legislation preventing him from inheriting his gay partner's estate after his partner died without leaving a will, the man's attorney said on Wednesday.
"Mark Gory 'married' his partner in a commitment ceremony. Since they had no children, he should be recognised as the surviving spouse of his partner and therefore the legal heir to his partner's estate," Gory's attorney, Crystal Cambanis, said.
The case will be heard in Pretoria High Court.
Cambanis based her argument on the Intestate Act of 1987, which states that if a heterosexual couple have no children, the surviving spouse inherits the entire estate.
Cambanis said Gory's partner's parents were contesting claims that their son was married to Gory and were moving to have their son's estate awarded to them.
"It's not a fight about money. It's a fight about the principle that they (the gay community at large) are the lawful heirs of the estate when a partner dies.
"Gay 'marriages' will only come into effect in South Africa in early December 2007," she said.
"We want gay couples to have the same rights as heterosexual couples to inherent the estate where there isn't a will written.
"The gay community is spread far and wide and we're having great difficulty in spreading the word that they are obtaining more and more rights in terms of the constitution," she said.
Cambanis admitted that Gory had no signed documents proving his "marriage" to his partner.
"There is no domestic partnership agreement which proves he was married.
"We're using testimony from people who knew the couple to prove they were 'married' in a commitment ceremony," she said.
"If judgement falls in our favour, this is only the first step in changing the sexual orientation legislation in our constitution," said Cambanis.
The next step would be to appeal to the constitutional court.
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