Activists welcome ruling on same-sex couple

The ruling by the Supreme Court has been welcomed by gay activists

The Lesbian and Gay Equality Project has described the ruling of the Supreme Court of Appeals on same-sex relationships as a watershed decision. The court ruled in favour of Marié Fourie and Cecelia Bonthuys, a Pretoria lesbian couple, who want to have a legally recognised marriage.

They argued that the existing South African Marriage Act is unconstitutional because it excludes same sex marriages and therefore discriminates against gays and lesbians. According to the court, the intended marriage between Fourie and Bonthuys is capable of lawful recognition as a legally valid marriage, provided the formalities in the Marriage Act are complied with.

"Even though judgement was in favour of the parents it is not possible that people of the same sex get currently married. This is due to the limitation in the marriage formula and other regulations in the Marriage Act. We have to go ahead with the legal action to fix-up these somewhat minor legal problems," Evert Knoesen, the Lesbian and Gay Equality Project director, said.

Knoesen is hopeful that next November same sex couples will be allowed to marry.