Landmark ruling in favour of 'gay marriage'

In a landmark judgment, the Supreme Court of Appeal in Bloemfontein has ruled in favour of Marié Fourie and Cecelia Bonthuys, a Pretoria lesbian couple who want to have a legally recognised marriage, says a Mail & Guardian Online report. The couple had argued that the existing SA Marriage Act was unconstitutional because it excluded same sex marriages, and therefore discriminated against gays and lesbians. The court, in a majority decision, declared that under the Constitution the common law concept of marriage was to be developed to embrace same sex partners. It said the intended marriage between Fourie and Bonthuys was capable of lawful recognition as a legally valid marriage, provided the formalities in the Marriage Act were complied with. According to common law, marriage is the union of one man and one woman. This made it impossible for same sex couples to be married to each other. Judge of Appeal Edwin Cameron said in his judgment that the definition of marriage should read: 'Marriage is the union of two persons to the exclusion of all others for life.' The couple challenged a Pretoria High Court decision, in favour of the Department of Home Affairs, which dismissed an application to have their marriage in October 2002 legally recognised. Evert Knoesen of the Gay and L esbian Equality Project, who appeared as amicus curiae in the appeal, said the organisation was happy with the decision, and it had already filed an application in the Johannesburg High Court challenging the statutory regulations. The case would be heard early next year.
Full report on Mail & Guardian Online site

 

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Child sex court in crisis

News24 reports that most of the daily hearings in the child s ex court unit at the Pretoria Regional Court are being postponed because of a shortage of magistrates. The courts were established four years ago in accordance with the Constitution, which stipulates that hearings involving child victims get priority. However, because of a shortage of magistrates, an average of 20 cases on each of the three court rolls have been postponed until April. The shortage comes after magistrates refused last month to preside over these courts on a full-time basis. Reasons given were that they refused to hear 'soul-destroying and exhausting' testimonies on an ongoing basis. This follows an altercation that developed between the National Prosecutions Authority (NPA) and Regional Court President Willem Pruis. The NPA was upset that Pruis earlier had decided that the 500-plus cases on this court's roll be distributed evenly among all regional courts so that no one magistrate had to hear all the cases.
Full report on News24 site

 

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New Id Tag Could Prevent Surgical Errors

Associated Press

 

A radio frequency tag that patients can affix like a bandage to ensure doctors perform the right surgery on the right person won government approval Friday. The tag, manufactured by SurgiChip Inc. of Palm Beach Gardens, Fla., aims to prevent wrongful surgeries that records show kill thousands of patients a year. Read more

 

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Medical Malpractice

 

 

Topeka Narrowly Outlaws Anti-Gay Bias

Associated Press

 

Kansas is as conservative as any state, but its capital city has taken a small step toward protecting gays and lesbians from discrimination. The Topeka City Council last week narrowly approved an ordinance prohibiting bias in city hiring or employment based on sexual orientation.

 

See also:

Discrimination Based on Sexual Orientation

 

Bishops turn blind eye to gay wedding ceremonies in church

THE Church of England is yielding to increasing pressure to conduct gay “weddings” as the Civil Partnerships Act recognising same-sex unions comes into force next year.

Ceremonies by Anglican priests blessing lesbian and gay partnerships increased by 10 per cent last year to 300 in England alone.

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