Same-sex marriage in South Africa

Same-sex marriage has been legal in South Africa since the Civil Union Act, 2006 came into force on 30 November 2006. The decision of the Constitutional Court in the case of Minister of Home Affairs v Fourie on 1 December 2005 extended the common-law definition of marriage to include same-sex spouses—as the Constitution of South Africa guarantees equal protection before the law to all citizens regardless of sexual orientation—and gave Parliament one year to rectify the inequality in the marriage statutes. On 14 November 2006, the National Assembly passed a law allowing same-sex couples to legally solemnise their union 229 to 41, which was subsequently approved by the National Council of Provinces on 28 November in a 36 to 11 vote, and the law came into effect two days later.

South Africa was the fifth country in the world to legalise same-sex marriage after the Netherlands, Belgium, Spain and Canada, and remains the only African country to have done so.[1][2]

  1. ^ "Same-Sex Marriage Around the World". Pew Research Center. 17 May 2019. Archived from the original on 30 June 2017. Retrieved 23 May 2019.
  2. ^ Theil, Michele. "This map shows you where same-sex marriage is legal around the world – and there's a long way to go". PinkNews. Retrieved 16 February 2024.

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