Minister of Home Affairs v Fourie was a 2005 decision of the Constitutional Court of South Africa holding unanimously that the common law definition of marriage and the Marriage Act's exclusion of same sex couples were unconstitutional, violating the Constitution's guarantees of equality and dignity, and giving Parliament one year to correct the defect. Parliament responded with the Civil Union Act of 2006, making South Africa the first country in Africa, and only the fifth in the world at the time, to give full legal recognition to same sex marriage.
Facts
Decision Year Decision Date HoldingThe Constitutional Court ruled unanimously that the common law definition of marriage and the Marriage Act's exclusion of same-sex couples were inconsistent with the Constitution, and gave Parliament one year to remedy the exclusion. 2 Current StatusLed to the Civil Union Act, which came into force on 30 November 2006 and made South Africa the fifth country in the world to recognise same-sex marriage; the decision remains the governing constitutional precedent on marriage equality in South Africa. 2 Case Status
Case Status (category) Connections
Authored By
Unanimous judgment of the Constitutional Court written by Justice Albie Sachs.
Decided By
Decided by the Constitutional Court of South Africa, 2005.
In Legal System
Matches the existing S v Makwanyane precedent for South African Constitutional Court rulings on this atlas.
In the Other Atlases
Found In
Also in Geography Atlas: where this subject is found.
Sources
1. Wikidata: Minister of Home Affairs v Fourie
Source: unanimous ruling led to the Civil Union Act coming into force, matter fully resolvedView the Source 2. Minister of Home Affairs v Fourie (Wikipedia)
Wikipedia contributorsWikipedia infobox, date decided field
date decided = 1 December 2005
Wikipedia lead section, judgment date sentence
the court ruled unanimously that same-sex couples have a constitutional right to marry. The judgment, authored by Justice Albie Sachs and delivered on 1 December 2005, gave Parliament one year to pass the necessary legislation.
Wikipedia lead section, ruling summary sentence
the court ruled unanimously that same-sex couples have a constitutional right to marry. The judgment, authored by Justice Albie Sachs and delivered on 1 December 2005, gave Parliament one year to pass the necessary legislation.
Wikipedia lead section, Civil Union Act sentence
As a result, the Civil Union Act came into force on 30 November 2006, making South Africa the fifth country in the world to recognise same-sex marriage.
In Group: Sexual Orientation, Marriage and Workplace Equality Cases, Introduction
is a landmark decision of the Constitutional Court of South Africa in which the court ruled unanimously that same-sex couples have a constitutional right to marry.
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