ILW1501 ASSIGNMENT 01

The Constitutional Court decided that the definition of marriage in terms of the common law and the Marriage Act 25 of 1961 was unconstitutional on grounds of the right to equality and the right to human dignity. The Constitutional Court therefore decided that permanent cohabitation relationships of same-sex and heterosexual couples had to be included in the definition of “marriage”. The Civil Union Act 17 of 2006 now allows gay people (same-sex couples) and heterosexual couples to enter into a marriage or a civil partnership (civil union). The partners in such a civil union must choose whether they want to call their union a marriage or a civil partnership. A civil union has exactly the same consequences as a civil marriage, regardless of whether it is called a civil partnership or a marriage and it dissolves in the same way as a marriage. Thus, Melissa and Rudene, as a same-sex couple, can enter into a civil union in terms of the Civil Union Act. They can call their union a marriage or a civil partnership. Their civil union has the same consequences as a civil marriage.