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Minister of Home Affairs and Another v Fourie and Another; Lesbian and Gay Equality Project and Others v Minister of Home Affairs and Others, [2005] ZACC 19, [ 1 ][ 2 ][ 3 ] is a landmark decision of the Constitutional Court of South Africa in which the court ruled unanimously that same-sex couples have a constitutional right to marry.
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 ...
Civil Union Act, 2006. Status: In force. The Marriage Act, 1961 (Act No. 25 of 1961) is an act of the Parliament of South Africa governing the solemnisation and registration of marriages in South Africa. It does not deal with the dissolution of marriages, which is governed by the Divorce Act, 1979, or with matrimonial property regimes and the ...
It is currently the only country in the world to recognise both polygamy and same-sex marriages, albeit not in conjunction. South Africa outlawed marital rape in 1993. [4] According to the 2011 census, 36.7% of South Africans aged 20 or older were married. During the year 2011 a total of 173,215 new marriages were recorded.
Status: In force. The Recognition of Customary Marriages Act, 1998 (Act No. 120 of 1998) is a South African statute in terms of which marriages performed under African customary law, including polygynous marriages, are recognised as legal marriages. It also reformed the law relating to the legal status of women in customary marriages, the ...
Brazil. On 14 May 2013, the Justice's National Council of Brazil legally recognized same-sex marriage in the entire country in a 14–1 vote by issuing a ruling that orders all civil registers of the country to perform same-sex marriages and convert any existing civil union into a marriage, if the couple wish so.
In 1993 South Africa outlawed marital rape. [14] The Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 is a comprehensive legal act, which prohibits and punishes sexual violence. Despite the strong legal framework, sexual violence is very common in South Africa; in one study one in four men admitted to having committed rape ...
t. e. Civil partnerships were introduced in South Africa by the Civil Union Act, 2006, which also legalised same-sex marriage. Civil partnerships can be formed by opposite-sex couples and by same-sex couples, and have the same rights, responsibilities and legal consequences as marriages. The parties to a civil partnership must be 18 or older ...