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)

Authors

  • Mothokoa Mamashela
  • Marita Carnelley

DOI:

https://doi.org/10.17159/obiter.v27i2.14396

Keywords:

same-sex marriages, legislative intervention, common law rules, same-sex spouses, discrepancy, same-sex and heterosexual cohabitees

Abstract

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.

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Published

20-07-2022

Issue

Vol. 27 No. 2 (2006)

Section

Cases

License

Creative Commons License

This work is licensed under a Creative Commons Attribution 4.0 International License.

How to Cite

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). (2022). Obiter, 27(2). https://doi.org/10.17159/obiter.v27i2.14396