subject of unfair discrimination in the past.[1] The Constitution required that unfairly discriminatory treatment cease. It was significant that there had been a number of recent cases, statutes and government consultation documents in South Africa which broadened the scopes of ‘family’, ‘spouse’ and ‘domestic relationship’ to include same-sex life partners.[2] These legislative and jurisprudential developments indicated the growing recognition afforded to same-sex relationships.[3]
[58]Similar reasoning was followed in J,[4] which concerned the parental rights of permanent same-sex life partners in cases where one of the partners was artificially inseminated. Confirming an order to read in the words “permanent same-sex life partner” after the word “husband” wherever it appeared in the relevant section, Goldstone J made the following observation which is relevant to the present matter:
“Comprehensive legislation regularising relationships between gay and lesbian persons is necessary. It is unsatisfactory for the Courts to grant piecemeal relief to members of the gay and lesbian community as and when aspects of their relationships are found to be prejudiced by unconstitutional legislation.”[5]
The right to be different
- ↑ Id at para 32.
- ↑ Id
- ↑ Id
- ↑ J and Another v Director General, Department of Home Affairs, and Others 2003 (5) SA 621 (CC); 2003 (5) BCLR 463 (CC).
- ↑ Id at para 23.
