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Author Topic: Marriage to be legal within 12 months in South Africa
Reality. Bites.
rabble-rouser
Babbler # 6718

posted 01 December 2005 07:51 AM      Profile for Reality. Bites.        Edit/Delete Post  Reply With Quote 
10-1 ruling from the South African Constitutional court. The dissenter argued that no delay should be imposed.

THE ORDER <...>

b) The common law definition of marriage is declared to be inconsistent with the Constitution and invalid to the extent that it does not permit same-sex couples to enjoy the status and the benefits coupled with responsibilities it accords to heterosexual couples.

c) The omission from section 30(1) of the marriage Act 25 of 1961 after the words “or husband” of the words “or spouse” is declared to be inconsistent with the Constitution, and the Marriage Act is declared to be invalid to the extent of this inconsistency.

d) The declarations of invalidity in paragraphs(b) and (c) are suspended for 12 months from the date of this judgment to allow Parliament to correct the defects.

e) Should Parliament not correct the defects within this period, Section 30(1) of the Marriage Act 25 of 1961 will forthwith be read as including the words “or spouse” after the words “or husband” as they appear in the marriage formula.

Full ruling: http://www.constitutionalcourt.org.za/uhtbin/hyperion-image/J-CCT60-04

News coverage:
http://tinyurl.com/95tdt

http://tinyurl.com/eyc8z

[ 01 December 2005: Message edited by: RealityBites ]


From: Gone for good | Registered: Aug 2004  |  IP: Logged
Hephaestion
rabble-rouser
Babbler # 4795

posted 01 December 2005 08:16 AM      Profile for Hephaestion   Author's Homepage        Edit/Delete Post  Reply With Quote 
Yay! Bloody well YAY!
From: goodbye... :-( | Registered: Dec 2003  |  IP: Logged
Reality. Bites.
rabble-rouser
Babbler # 6718

posted 01 December 2005 09:39 AM      Profile for Reality. Bites.        Edit/Delete Post  Reply With Quote 
quote:
Originally posted by Hephaestion:
Yay! Bloody well YAY!

Think how happy they must be on FreakazoidDomain, where they can at last combine their homophobia and thinly-veiled racism into one topic!


From: Gone for good | Registered: Aug 2004  |  IP: Logged
Ghost of the Navigator
rabble-rouser
Babbler # 11029

posted 01 December 2005 10:07 AM      Profile for Ghost of the Navigator        Edit/Delete Post  Reply With Quote 
They still have laws in the book from 1961 in South Africa?
From: Canada | Registered: Nov 2005  |  IP: Logged
kuri
rabble-rouser
Babbler # 4202

posted 01 December 2005 10:13 AM      Profile for kuri   Author's Homepage     Send New Private Message      Edit/Delete Post  Reply With Quote 
quote:
Originally posted by Ghost of the Navigator:
They still have laws in the book from 1961 in South Africa?

Canada still has the Indian Act on the book....

But, as to the original post... yay x 100! South Africa has made such a transformation. It's incomplete to be sure, but it certainly is remarkable.


From: an employer more progressive than rabble.ca | Registered: Jun 2003  |  IP: Logged
Reality. Bites.
rabble-rouser
Babbler # 6718

posted 01 December 2005 12:06 PM      Profile for Reality. Bites.        Edit/Delete Post  Reply With Quote 
quote:
Originally posted by Ghost of the Navigator:
They still have laws in the book from 1961 in South Africa?

Why not? Even if a country has a revolution, they don't throw out all the old laws.

The act in question "provides for the solemnization of marriages, the designation of marriage officers, revocation of designations, objections to marriage, prohibition of marriages, the formulary to be used in soleminizing marriages, and matters incidental thereto."

The prohibitions against inter-racial marriages were presumably contained in other legislation as the prohibitions in this act refer to age, incest and bigamy.


From: Gone for good | Registered: Aug 2004  |  IP: Logged

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