Social & Moral Issues Miscellaneous

DEFINITION OF MARRIAGE IN THE BALANCE PRESS  RELEASE ATTENTION: Reporters of Legal, Social, Governmental and Religious matters SUBJECT: Definition of Marriage in the Balance                  - report on same-sex marriage court case of 17 May 05 Lawyers for the Marriage Alliance of South Africa gave evidence to the Constitutional Court on Tuesday 17 May 05, to refute the attempt to redefine marriage to include same-sex couples in the ground breaking case of the Minister of Home Affairs versus Fourie and Bonthuys. This highly publicised case was brought before the Pretoria High Court in 2003 when the application of a lesbian couple to have their relationship legally recognised as a marriage was turned down. In August 2004 the case was put before the Supreme Court of Appeal where the High Court judgment was overturned and the common law developed to include same-sex couples. The Minister appealed against the Appeal Court judgment and the matter was referred to the Constitutional Court. Fundamental understanding - In the Constitutional Court on Tuesday 17 May 2005, lawyers for the Marriage Alliance argued that the universal understanding of marriage is that it is a distinctly heterosexual institution. Fundamental to marriage is that it consists of a man and a woman. The meaning of the word is implicit that, by nature, it is heterosexual and not same-sex. To redefine it would destroy its meaning, and marriage would be something completely different. No unfair discrimination - They held that, as marriage is an exclusively heterosexual institution, it does not unfairly discriminate against same-sex couples. There is a distinction between male-female relationships and same-sex relationships. They argued that, even if the Court should find that the common law does discriminate against same-sex couples, it would not be unfair discrimination. This would mean that the common law definition of marriage does not constitute a violation of the rights of gays and lesbians. Genderless marriage - They further held that if marriage was redefined to include same-sex couples, the nature of the institution will change. It is not simply a matter of inclusion. Married couples will find themselves in a "genderless" institution that would be distinctly different from the one into which they had entered in the first instance. In the long term this will undermine the integrity and value of marriage which, for centuries, has been the 'civic glue' that binds families and societies together. It would also have extreme consequences for male-female relationships. They cautioned that there is need to seriously consider the consequences of such a change. Referred to Parliament - The lawyers for the Marriage Alliance held that it should be left to the legislature to recognise the relationships of same-sex couples and formulate appropriate legislation to protect them. They have asked the Court to refer the matter to Parliament. Members of the Marriage Alliance expectantly await the decision of the Constitutional Court and would not want to pre-empt the judgment, but will continue to pray. They are confident that the Court will consider the matters at hand in the interests of all South Africans and that of future generations, and make the right decision. ISSUED ON 20 MAY 2005 BY NAOMI BOSHOFF Director of Media & Communications, The Marriage Alliance of South Africa. PHONE (012) 343 9488/9 or 083 675 1001 FAX (012) 343 5280 EMAIL xformt@mweb.co.za MARRIAGE ALLIANCE OF SOUTH AFRICA Mission Statement The Marriage Alliance of South Africa exists to serve the Church and society as a platform for constructive engagement in the current debate on the definition of marriage. It aims to raise support to put its case for monogamous, heterosexual marriage to the Constitutional Court in May 2005. It will engage in the democratic processes of South Africa to ensure that marriage, family and religious freedoms are protected by both parliamentary legislation and the courts. Position Statement Marriage is the basic and only unit for the joining of the two sexes (being differentiated but complementary, male and female), for the purpose of: Safeguarding and enjoying sexual intimacy, emotional bonding, mutual care and friendship in an environment of lifelong interdependence; Procreating new human life; Nurturing and raising children in a loving and safe environment. Marriage is, for these reasons, the primary foundation of any society and the 'civic glue'which adds to the order and stability of society by joining a wide variety of citizens together who share this bond across religious, cultural and ethnic boundaries. _______________________________________________ Please read our disclaimer   Back to Social Issues