Court Application for Homosexual Marriages

Steve Swart MP – ACDP

Friday, September 20, 2002

African Christian Democratic Party MP and spokesperson on Home Affairs, Steve Swart, has alerted all Christians to the pending court application to be heard in the Pretoria High Court on 15 October 2002. (In the matter of Marie Fourie and Cecilia Bonthuys versus the Minister of Home Affairs: 17280/2002)

Mr Swart said, “The court application has been brought by a lesbian couple who are applying for a court order to compel the Department of Home Affairs to register their relationship in terms of the Marriage Act, 25 of 1961. Should the application succeed, this will result in their relationship being accorded the same status as Judeo – Christian marriages in terms of the applicable legislation.

Mr Swart added that this development would be deplorable as the historical context of the Judeo –Christian marriage ceremony as presently recognised in the Marriage Act cannot be separated from the religious ceremony. It is for this reason that the Marriage Act makes specific provision for designation of ministers of religion to solemnise marriages according to inter alia Christian or Jewish rites.

Whilst there have been a number of recent Constitutional Court cases upholding the rights of homosexual persons, e.g. declaring parts of the then applicable Aliens Control Act unconstitutional, as well as allowing homosexual persons to adopt children, this court case will, should the applicants succeed, result in the recognition of the status of such relationships as being equal to the Judeo – Christian concept of marriage. The result will be that such relationships would have to be registered by the Department of Home Affairs as such in terms of the above-mentioned marriage act.

The Department of Home Affairs will be opposing the application.

The consequence for clergy who solemnise Christian marriages will be significant, should the application succeed, as clergy may then be compelled to solemnise such relationships as marriages. It remains to be seen whether section 31, which allows marriage officers to refuse to solemnise certain marriage will sufficiently protect clergy particularly in view of the equality legislation.

It is significant that the SA Law Commission is investigating the whole concept of marriage, and submissions were invited in this regard. These developments together with the promulgation of the Equality Act will further detract from the Judeo – Christian notion of marriage.”

Steve also advised that he is continuing to oppose the Judicial Offices Bill which inter alia seeks to allow both homosexual and heterosexual partners of judges the same benefits, both pension and otherwise, which the Judges’ married spouses until now have enjoyed.

He said, “It is significant that the Constitutional Court, in hearing these matters, has added words to the meaning of spouse, which were clearly never intended by the Legislature. Henceforth the words to the effect “including homosexual and heterosexual partners in a permanent relationship” are to be read into the definition of the word “spouse” in terms of the then applicable Aliens control Act. This tendency is being followed in other draft legislation

The ACDP opposed the Immigration Act which repealed the Aliens Control Act on these very grounds.”

Steve has called on Churches and ACDP supporters to be aware of this significant court case and pray into the situation being mindful of the consequences, and to mobilise Christians to attend the court hearing on 15 October 2002.


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For further comment please call Steve Swart MP at 083 285 6290 or ACDP Media Liaison Liza Bloemetje at 082 478 1037