Page:Minister of Home Affairs v Fourie.djvu/102

		same-sex couples to enjoy the status and the benefits coupled with responsibilities it accords to heterosexual couples.
(ii)		The declaration of invalidity is suspended for twelve months from the date of this judgment to allow Parliament to correct the defect.

d)

The Minister of Home Affairs and the Director-General of Home Affairs are ordered to pay the costs of the respondents, including the costs of two counsel, in the High Court, the Supreme Court of Appeal and in respect of the appeal heard in the Constitutional Court.

2. In the matter between the Lesbian and Gay Equality Project and Eighteen Others and the Minister of Home Affairs, the Director General of Home Affairs and the Minister of Justice and Constitutional Development, CCT 10/05, the following order is made:

a)		The application by the Lesbian and Gay Equality Project and Eighteen Others for direct access is granted.
b)		The common law definition of marriage is declared to be inconsistent with the Constitution and invalid to the extent that it does not permit same-sex couples to enjoy the status and the benefits coupled with responsibilities it accords to heterosexual couples.
c)		The omission from section 30(1) of the Marriage Act 25 of 1961 after the words “or husband” of the words “or spouse” is declared to be inconsistent with the Constitution, and the Marriage Act is declared to be invalid to the extent of this inconsistency.