南アフリカ：世界５番目の同性婚合法化国に？

South Africa May Become 5th Country To Legalize Gay Marriage
by Mark Levy 365Gay.com Cape Town, South Africa Bureau
Posted: July 13, 2005 12:01 am ET


(Johannesburg, South Africa) 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.

South Africa's post apartheid constitution states that gay, lesbian, bisexual and transgender individuals have the same rights as any other individual. Section 9 of the Constitution outlaws discrimination in South Africa based on sexual orientation.

Courts have delivered gays and lesbians a series of major equality wins dating back to 1998 when sodomy was decriminalized.

The following year immigrant partners of South African lesbians and gays were allowed to apply for permanent residence.

Same-sex adoption was legalized in 2002 and in 2003 the government bowed to pressure and permitted domestic partner benefits.

The only countries to condone same-sex marriages are The Netherlands, Belgium and Spain. Canada is expected to finalize its same-sex marriage law next week.