Minister of Home Affairs and Another v Fourie and Another (2005)

In this matter. the common law definition of marriage and section 30(1) of the Marriage Act of 1961 was declared inconsistent with the Constitution. The Court found that the failure of the common law and the Marriage Act to provide the means whereby same-sex couples can enjoy the same status, entitlements and responsibilities accorded to heterosexual couples through marriage constitutes an unjustifiable violation of their rights, particularly the right to equality (section 9 of the Bill of Rights)

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