Minister of Home Affairs v Fourie

Minister of Home Affairs v Fourie
Court	Constitutional Court of South Africa
Full case name	Minister of Home Affairs and Another v Fourie and Another (Doctors for Life International and Others, amici curiae); Lesbian and Gay Equality Project and Others v Minister of Home Affairs and Others
Decided	1 December 2005
Citations	[2005] ZACC 19, 2006 (1) SA 524 (CC), 2006 (3) BCLR 355 (CC)
Case history
Prior actions	[2002] ZAGPHC 1 (18 October 2002), Transvaal Provincial Division [2003] ZACC 11 (31 July 2003), Constitutional Court (application for direct access denied) [2004] ZASCA 132 (30 November 2004), Supreme Court of Appeal
Court membership
Judges sitting	Langa CJ, Moseneke DCJ, Mokgoro, Ngcobo, O'Regan, Sachs, Skweyiya, van der Westhuizen & Yacoob JJ
Case opinions
The common-law definition of marriage and section 30(1) of the Marriage Act are inconsistent with the Constitution, and therefore invalid, to the extent that they do not allow to same-sex couples the status and benefits of marriage allowed to opposite-sex couples. (Unanimous.) The declaration of invalidity is suspended for twelve months to allow Parliament to correct the defects. (8:1, O'Regan dissenting.)
Decision by	Justice Sachs
Keywords
LGBT rights, same-sex marriage, Husband, Wife, Marriage, Common law, Parliament, Constitutional law, Human rights, Fundamental rights, Diversity, Pluralism, Society, Majoritarianim, Equality, Equality before the law, Discrimination, Sexual orientation, Unfair discrimination, Human dignity, Development of common law, Interpretation, Religion

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. The judgment, authored by Justice Albie Sachs and delivered on 1 December 2005, gave Parliament one year to pass the necessary legislation. As a result, the Civil Union Act came into force on 30 November 2006, making South Africa the fifth country in the world to recognise same-sex marriage.

The case was heard on May 17, 2005, by Langa ACJ, Madala J, Mokgoro J, Moseneke J, Ngcobo J, O'Regan J, Sachs J, Skweyiya J, Yacoob J and Van Der Westhuizen J. MTK Moerane SC (with S. Nthai) appeared for the applicants, P Oosthuizen (with T Kathri) for the respondents, JJ Smyth QC for the first and second amici curiae, GC Pretorius SC (with DM Achtzehn, PG Seleka and JR Bauer) for the third amicus curiae, DI Berger SC (with Fayeeza Kathree) for the applicants, and M Donen SC for the respondents. In the Fourie case, the applicants' counsel was instructed by the State Attorney, and the respondents' by M. van den Berg. The third amicus curiae was instructed by Motla Conradie. In the Lesbian and Gay Equality Project case, the applicants' counsel was instructed by Nicholls, Cambanis & Associates, and the respondents' by the State Attorney.

The case concerned applications for leave to appeal and cross-appeal against a decision of the Supreme Court of Appeal (the Fourie case) coupled with an application for direct access to the Constitutional Court (the Lesbian and Gay Equality Project case).