05 December 2005

SA Constitutional Court on Same-Sex Marriage (Fourie decision)

Balkinization reports this decision of the Constitutional Court of South Africa holding that the State cannot constitutionally forbid same-sex marriage (Minister of Home Affairs/Fourie a.o., December 1st 2005). The Court did, however, grant the State a year to pass the neccesary legal reform. A decision that looks set to play a significant role in transnational constitutional dialogue on the issue (Bets on future references in American courts, anyone?).

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