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South Africa decisions
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Singh v Ramparsad (KZN564/2002) [2007] ZAKZHC 1; 2007 (3) SA 445 (D) (22 January 2007)
The High Court held that an unregistered Hindu religious marriage was not legally valid under the Marriage Act and dismissed constitutional challenges.
Fourie and Another v Minister of Home Affairs and Another (232/2003) [2004] ZASCA 132; [2005] 1 All SA 273 (SCA); 2005 (3) SA 429 (SCA); 2005 (3) BCLR 241 (SCA) (30 November 2004)
The Supreme Court of Appeal held that the common law definition of marriage, which excludes same-sex couples, constitutes unfair discrimination on the basis of sexual orientation and infringes the constitutional rights to equality and dignity. The court found that the exclusion is not justified and that the development of the common law to include same-sex partners is an incremental step required by the Constitution. The court rejected the argument that such development would intrude on the legislative domain, noting that judicial development of the common law is mandated where necessary to g…
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