ACDP disappointed at Appeal Court's ruling on gay marriages.

Steve Swart MP


The African Christian Democratic Party (ACDP), whilst respecting the independence of the judiciary, expresses its ‘extreme’ disappointment at today’s judgement of the Supreme Court of Appeal. The Court found that the common law definition of marriage infringes constitutional rights of same sex couples and should therefore be extended to cover same sex unions.

The ACDP notes that the minority judgement, and not the majority judgement, suspended the order developing the common law for two years to allow Parliament to consider the matter.

The majority judgement, resulting in the order redefining marriage taking immediate effect, has in effect denied Members of Parliament, as representatives of the people of South Africa, the opportunity to deal with this emotive issue.

ACDP’s Justice Spokesperson, Steve Swart, said: “The ruling does not alter our Judeo-Christian view that marriage should be between male and female.

“We would have preferred the matter to have been referred back to Parliament for consideration of the various options as set out by the Law Reform Commission, as suggested in the minority judgement.”

“History, nature, social science, anthropology, religion, and theology all coalesce in vigorous support of marriage, as it has always been understood: a life-long union of male and female for the purpose of creating stable families.”

“The five major religions, Buddhism, Christianity, Hinduism, Islam and Judaism recognise and uphold the natural, heterosexual understanding of marriage.”

“We note that, according to the majority judgement, “the extension of the common law definition of marriage does not compel any religious denomination or religious minister to approve or perform same-sex marriages.”

“The Minister of Home Affairs will approve appropriate religious formulae that will give practical effect to the development of the common law. We trust that the Minister will take note of public opinion when approving such formulae.”

“The ACDP, whilst appreciating the constitutional basis of the decision, calls for a referendum on the issue of same sex marriages, which can guide Parliament as to a possible Marriage Protection Amendment to the Constitution.”