South Africa has joined four other nations in the world in the condemnation of legalized discrimination against lesbians and gays via the approval of same-sex marriage.
The other nations are: Canada, Belgium, The Netherlands and Spain.
The Court did, however, delay the ruling for one year in order to permit the Pariliament "to amend a 1961 marriage law to reflect its decision." If the legislature should resist the ruling, the law will "be automatically changed to make its provisions gender-neutral."
The Court found that denying marriage rights to lesbians and gays violates the constitution's guarantee of equal rights.
The justices said marriage laws must be amended to include the words "or spouse" alongside provisions that now refer to husbands and wives.
. . . The decision was essentially unanimous, with one of the court's 12 judges arguing that the ruling should take effect immediately rather than being stayed.
One of the winning attorneys in the lawsuit, Keketso Meama, expressed disappointment at the delay in fully legalizing same-sex unions. But she said the ruling nevertheless was a striking victory for gay men and lesbians, who had few rights throughout most of South Africa's colonial history.
"We still have to wait 12 months," Ms. Meama said in a telephone interview, "but it's fine. We've already waited 300 years."
Unlike the U.S. Constitution, the Constitution of South Africa grants explicit equality rights on the basis of gender, marital status, sexual orientation, etcetera.
The U.S. was also not the first nation to grant women voting rights.
South Africa - Constitution
Chapter 1 Founding Provisions
Section 1 Republic of South Africa
The Republic of South Africa is one sovereign democratic state founded on the following values:
(a) Human dignity, the achievement of equality and the advancement of human rights and freedoms.
(b) Non-racialism and non-sexism.
Section 9 Equality
The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.
Equality Gay Rights Same-Sex Marriage Discrimination Patriarchy gender Politics Feminism Homophobia
