Fourie and Another v Minister of Home Affairs and Another (Supreme Court of Appeal)

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Fourie and Another v Minister of Home Affairs and Another  (2004) 
by Justices Edwin Cameron and Ian Farlam, in the Supreme Court of Appeal of South Africa

The Supreme Court of Appeal of South Africa


Case no: 232/2003
Reportable
Marié Adriaana Fourie First appellant
Cecelia Johanna Bonthuys Second appellant
and
Minister of Home Affairs First Respondent
Director-General of Home Affairs Second Respondent
and
Lesbian and Gay Equality Project Amicus Curiae




Before: Farlam JA, Cameron JA, Mthiyane JA, van Heerden JA and Ponnan AJA
Appeal: Monday 23 August 2004
Judgment: Tuesday 30 November 2004


Constitution — Bill of Rights — Right to equality — Sexual orientation — Right to marry — Development of common law — Definition of marriage developed to include same-sex partners — Order developing common law not to be suspended — Order in para 49




Judgment





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