COHABITATION AND THE SAME-SEX MARRIAGE. A COMPLEX JIGSAW PUZZLE Minister of Home Affairs v Fourie; Lesbian and Gay Equality Project v Minister of Home Affairs 2006 3 BCLR 355 (CC)
DOI:
https://doi.org/10.17159/obiter.v27i2.14396Keywords:
same-sex marriages, legislative intervention, common law rules, same-sex spouses, discrepancy, same-sex and heterosexual cohabiteesAbstract
The aim of this note is, firstly, to give an overview of the Constitutional Court (CC) judgment in Fourie v Minister of Home Affairs; secondly, to discuss the consequences of same-sex marriages; thirdly, to highlight certain areas of the law that require legislative intervention to clarify the application of common law rules to same-sex spouses; and, lastly, to examine the discrepancy that will exist after December 2006 between same-sex and heterosexual cohabitees.