The South African Supreme Court held that that nation's constitution forbids the state from refusing to allow same sex marriage, but stayed the mandate for one year to allow the Parliament to reform its laws. The text of the opinion can be found
here.
Early on, we find out that the SA Constitution secures against discrimination by "sexual orientation" among other categories. So, the Court, putting aside less social divisions over the issue, had an easier time of it.
ReplyDeleteThe opinion also cites Brown v. Bd. of Ed. even though clearly their Constitution is different from ours in various aspects.
Horrors!
Interesting--vaguely similar to the Canadian case.
ReplyDelete