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It represents a harsh if oblique statement by the law that same-sex couples are outsiders, and that their need for affirmation and protection of their intimate relations as human beings is somehow less than that of heterosexual couples.
The Government appealed the SCA's ruling to the Constitutional Court, arguing that a major alteration to the institution of marriage was for Parliament and not the courts to decide, while Fourie and Bonthuys cross-appealed, arguing that the Marriage Act should be altered as Judge Farlam had suggested.
In the meanwhile, the Lesbian and Gay Equality Project had also launched a separate lawsuit directly attacking the constitutionality of the Marriage Act, which was originally to be heard in the Johannesburg High Court; the Constitutional Court granted the Project's request to have it heard and decided simultaneously with the Fourie case.
The five-judge court ruled unanimously that the common-law definition of marriage was invalid because it unconstitutionally discriminated on the basis of sexual orientation, and that it should be extended to read "Marriage is the union of two persons to the exclusion of all others for life." The court further unanimously noted that because Fourie and Bonthuys had not challenged the Marriage Act, the court could not invalidate it, and, therefore, their marriage could not immediately be solemnized.
The court divided, however, on whether the couple should be given an immediate remedy in implementing the new, wider common-law definition of marriage.
It seems like you can get anything at all delivered in a cute, curated monthly box these days.
Birchbox popularized the subscription box model with makeup, Graze gave us a similar option for snacks, and Scentbird will give you a monthly selection of designer perfumes, to name just a few.
After all, the most exciting addition you can bring into your bedroom is often a sense of adventure.
Same-sex marriage has been legal in South Africa since the Civil Union Act came into force on 30 November 2006.
So, it was only a matter of time before we got a subscription sex toy box—and did we ever.