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

The Supreme Court of Appeal of South Africa

Case no: 232/2003
Marié Adriaana Fourie First appellant
Cecelia Johanna Bonthuys Second appellant
Minister of Home Affairs First Respondent
Director-General of Home Affairs Second Respondent
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


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