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| (1) | Does the common law definition of marriage which precludes two persons of the same sex from marrying one another discriminate against the appellants? | |
| (2) | If so, is such discrimination unfair? | |
| (3) | Does it infringe their human dignity? | |
| (4) | If there is unfair discrimination, and/or an infringement of human dignity, should this court give the appellants the remedy they seek, namely a development of the common law definition of marriage so as to allow same sex marriages?
To answer that question it will be necessary to consider: | |
| (5) | whether such development would constitute an incremental change required to promote the spirit, purport and objects of the Bill of Rights or would it, on the other hand, require a fundamental change to the common law, of such a nature that it should rather be undertaken by Parliament? | |
| (6) | That in turn will necessitate consideration of the question:
what is the essence of the concept of marriage as it has developed down the centuries and especially since 1994 in this country? |
If all these questions are answered in favour of the appellants it will be necessary to ask:
