Is gay marriage legal in south africa

Same-sex marriage has been legal in South Africa since the Civil Union Act, came into force on 30 November The decision of the Constitutional Court in the case of Minister of Home Affairs v Fourie on 1 December extended the common-law definition of marriage to include same-sex spouses—as the Constitution of South Africa guarantees equal protection before the law to all.

Until legal clarification occurs, foreign and same‑sex civil unions must proceed with caution to ensure enforceability of their property rights. Conclusion South Africa’s legal framework continues to reflect a tension between constitutional values of equality and the traditional lex domicilii matrimonii rule grounded in common law.

Same-Sex Marriage Is Marriage Same-sex marriage is a victory for equal rights, extending the right to marry to all members of society legally. South Africa, a pioneer in this regard, continues to refine its legal framework to ensure inclusivity, non-discrimination, and equality for same-sex couples in all aspects of family life.

Same-sex marriage is legal and discrimination is prohibited in South Africa, but LGBT people face challenges and risks. Learn about the history, advocacy groups, and tips for traveling as an LGBT individual in this progressive but diverse country.