Answer to Question #226242 in Law for Basi

Question

The constitutional court decided that the definition of marriage in the Marriage act 25 of 1961 was unconstitutional on the grounds of the right to equality and the right to human dignity. It therefore held that a permanent cohabitation relationship had to be included in the definition of marriage.

in which case was this decided?

1)S v Makwanyane and Another (CCT 3/94) 1995 (3) SA 391 (CC)

2) Fraser v Children’s Court , Pretoria north and others 1997 (2) SA 261 ( CC)

3) Minister of home affairs and another v Fourie and Another ( CCT 60/04) [2005] ZACC 19

4) Richter v Minister of Home Affairs and others ( CCT03/09 , CCT 09/09) [2009] ZACC 3

Answer 1

2) Fraser v Children’s Court , Pretoria north and others 1997 (2) SA 261 ( CC)