South Africa

Cases

On December 2, 1999 , the South Africa Constitutional Court unanimously held that an immigration law which provided preferential immigration status to married spouses of South African nationals, but not to same-sex partners of nationals, was unconstitutional under a provision of the South Africa Constitution which bans discrimination on the basis of sexual orientation. See Nat'l Coalition for Gay and Lesbian Equality v. Minister of Home Affairs, CCT 10/99 ( Dec. 2, 1999 ) (for a summary of the case click here).

News reports indicate a same-sex couple is planning to challenge South Africa 's marriage laws. Kai Wright, Gay Marriage Fight Engages in South Africa , Washington Blade ( March 24, 2000 )

Constitutional Provisions

The South African Constitution contains a provision which treats sexual orientation as a suspect classification. S.A. Const., Art.9

 

Fourie v. Bonthuys Case Decision