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Minister of Home Affairs v Fourie

Equal Protection and Anti-Discrimination Law

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Minister of Home Affairs v Fourie was a 2005 decision of the Constitutional Court of South Africa holding unanimously that the common law definition of marriage and the Marriage Act's exclusion of same sex couples were unconstitutional, violating the Constitution's guarantees of equality and dignity, and giving Parliament one year to correct the defect. Parliament responded with the Civil Union Act of 2006, making South Africa the first country in Africa, and only the fifth in the world at the time, to give full legal recognition to same sex marriage.

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