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Topic: S. Africa may be 5th country to legalize equal marriage
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Hephaestion
rabble-rouser
Babbler # 4795
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posted 13 July 2005 09:58 AM
quote:
(Johannesburg) South African same-sex couples are anxiously waiting for a court ruling that could make the country the fifth in the world to legalize same-sex marriage.The Constitutional Court heard arguments for and against same-sex marriage in May and a decision could come at any time. The case was brought by Marie Fourie and Cecilia Bonthuys, who have been partners since 1994 but are unable to marry. Last year the Supreme Court of Appeal ruled that the definition of marriage as being between a man and a woman discriminated unfairly against same-sex couples, and that common law should be developed to take this into account. The government appealed the ruling to the Constitutional Court. The Department of Home Affairs argued that the appeal court violated the rule of the separation of powers by usurping Parliament's power by making law. "Same-sex partnerships are a relatively new phenomena," said the Department of Home Affairs' advocate Marumo Moerane, sparking laughter in the packed gallery. He then said that, "We don't know whether single-sex relationships involve the idea of mutual support." Lawyers for Fourie and Bonthuys and 7 other same-sex couples argued that denying civil marriage to gays violates the constitution.
From: goodbye... :-( | Registered: Dec 2003
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Reality. Bites.
rabble-rouser
Babbler # 6718
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posted 13 July 2005 12:31 PM
It is also the only constitution in the world to explicitly recognize sexual orientation.(1) Every person shall have the right to equality before the law and to equal protection of the law. (2) No person shall be unfairly discriminated against, directly or indirectly, and, without derogating from the generality of this provision, on one or more of the following grounds in particular: race, gender, sex, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture or language. This was of course modelled on our section 15 15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
From: Gone for good | Registered: Aug 2004
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Betray My Secrets
rabble-rouser
Babbler # 9834
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posted 13 July 2005 06:05 PM
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Originally posted by puzzlic:
The Constitutional Court of South Africa's judgments are available online -- probably if you search "social origin" you can find out whether and how that's been interpreted. (I think the Court heard its first cases about 1997.)As I recall, when CC justice Albie Sachs spoke at my law school in 1993, he said that, in drafting the interim and final Constitutions of South Africa, the South Africans drew upon the constitutions (and constitutional scholars) of four democracies: the United States, Canada, India, and Germany. They were able to observe both the strengths and weaknesses of all these constitutions ... with the benefit of this knowledge, and their own commitment to democracy honed through decades of struggle, the South Africans were able to draft a Constitution whose human-rights protections surpass those of any other constitution in the world.
South Africa's constitution is very impressive, but I don't think any constitution rivals Slovakia's for anti-censorship provisions.
From: Guyana | Registered: Jul 2005
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Yvon Thivierge
rabble-rouser
Babbler # 9405
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posted 14 July 2005 06:33 PM
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Originally posted by Scott Piatkowski:
Yvon, please dispense with the "closet homo" invective against Bush. There's plenty of other things to criticize him for and they don't involve reinforcing the notion that being gay is something of which a person should be ashamed.I don't think I'm the first person to have called you on this. If you do it again, I'm going to complain to Audra.
A gay person is OPEN ABOUT and PROUD OF his or her sexual orientation. He or she never engages in homophobic discourse nor in depriving gay people of their basic and equal rights. A closet homo is CLOSED ABOUT and ASHAMED OF his sexual orientation. He or she actively engages in homophobic rhetoric and in depriving gay people of their basic and equal rights. http://www.rense.com/general63/hms.htm http://www.infowars.com/bgone.html http://www.bartcop.com/wtpage1.gif + many other references. 
From: Sault-Sainte-Marie ON Canada | Registered: May 2005
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Yvon Thivierge
rabble-rouser
Babbler # 9405
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posted 14 July 2005 10:34 PM
quote:
Originally posted by Scott Piatkowski:
And, other than Jeff Gannon, which member of the administration do you believe is a closet homo? And, more importantly, why do you think it's such an effective insult to repeatedly call someone a closet homo?
George W. Bush, Karl Rove, Scott McClellan and possibly more. The GOP aka Gay Ole Party counts numerous high ranking closet homos: the Party chief Ken Melhman, Jack Kemp, Marc Racicot, Ralph Reed, Spokane mayor James West, Texas Governor and many more. The list of closeted GOP congressmen was taken off the web. Please read the links I've referred you to.
I'll glady send you more. 
From: Sault-Sainte-Marie ON Canada | Registered: May 2005
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Email this thread to someone!
A South African friend here told me about a popular drink in SA involving white and black liquors: it's called "the new South Africa". Notwithstanding the still significant problems (class, race, and gender) that are ongoing, I think it's amazing that a country that was once the international laggard in human rights and equality in Africa is not only catching up but setting the standard.
