Page:NCGLE v Minister of Home Affairs.djvu/53

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Ackermann J

the contrary is established;
(iii) Prior criminal proscription of private and consensual sexual expression between gays, arising from their sexual orientation and which had been directed at gay men, has been struck down as unconstitutional;
(iv) Gays and lesbians in same-sex life partnerships are as capable as heterosexual spouses of expressing and sharing love in its manifold forms including affection, friendship, eros and charity;
(v) They are likewise as capable of forming intimate, permanent, committed, monogamous, loyal and enduring relationships; of furnishing emotional and spiritual support; and of providing physical care, financial support and assistance in running the common household;
(vi) They are individually able to adopt children and in the case of lesbians to bear them;
(vii) In short, they have the same ability to establish a consortium omnis vitae;
(viii) Finally, and of particular importance for purposes of this case, they are capable of constituting a family, whether nuclear or extended, and of establishing, enjoying and benefiting from family life which is not distinguishable in any significant respect from that of heterosexual spouses.
(b) The subsection, in this context, in effect states that all gay and lesbian permanent residents of the Republic, who are in same-sex relationships with foreign nationals, are not entitled to the benefit extended by the subsection to spouses married to foreign nationals in order to protect their