Gay marriages 'to be clarified'

2004-12-22 19:25

Johannesburg - After three weeks of musing, the department of home affairs has decided to approach the Constitutional Court about legalising gay marriages.

"We are filing our appeal today. We are a very principled department and believe we cannot pre-empt the process," said departmental spokesman Nkosana Sibuyi.

He was responding to a Supreme Court of Appeal ruling on November 30, which declared that same-sex marriages should be legalised.

In taking the matter to the constitutional court the department was essentially following due process, Sibuyi argued.

He emphasised that the department did not want to deny gay and lesbian people the respect, equality and dignity that was enshrined in the bill of rights.

"The department is also keenly aware that the equality clause in our constitution prohibits discrimination on the basis of sexual orientation."

Report to be put before the cabinet

However, home affairs did not feel able to change the legislation without thorough investigation, reportback, and discussion at a cabinet and parliamentary level, he said.

This process was underway, and a report from the South African Law Reform Commission would be ready to be put before the cabinet in the first quarter of next year, said Sibuyi.

However, "the department of home affairs feels that it is necessary to ask the Constitutional Court to pronounce on the matter, so that there is finality," he said.

- SAPA