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Fourie and Bonthuys requested leave to appeal to the Constitutional Court, but this was denied and the High Court instead granted leave to appeal to the Supreme Court of Appeal (SCA).They applied to the Constitutional Court for direct access, but this was denied on 31 July 2003; the court stated that the case raised complex issues of common and statutory law on which the SCA's views should first be heard.Justice Kate O'Regan dissented, arguing that these words should be read in immediately.On 24 August 2006, the Cabinet approved the Civil Union Bill for submission to Parliament.These equality rights formed the basis for a series of court decisions granting specific rights to couples in long-term same-sex relationships: In 2002, a lesbian couple, Marié Fourie and Cecelia Bonthuys, with the support of the Lesbian and Gay Equality Project, launched an application in the Pretoria High Court to have their union recognised and recorded by the Department of Home Affairs as a valid marriage.Judge Pierre Roux dismissed the application on 18 October 2002, on the technical basis that they had not properly attacked the constitutionality of the definition of marriage or the Marriage Act, 1961.

It reinforces the wounding notion that they are to be treated as biological oddities, as failed or lapsed human beings who do not fit into normal society, and, as such, do not qualify for the full moral concern and respect that our Constitution seeks to secure for everyone.On 7 October, the Marriage Alliance organised a march to the Union Buildings in Pretoria to hand to government representatives a memorandum opposing same-sex marriage.On 9 October, the governing African National Congress voted to support the Civil Union Bill.The majority opinion, written by Judge Edwin Cameron, ruled that because Fourie and Bonthuys had not challenged the Marriage Act, the court could not invalidate it, and therefore their marriage could not immediately be solemnized.In a dissenting opinion, Judge Ian Farlam stated that the marriage formula followed from the common-law definition and the court should update it; on the other hand, he was of the opinion that the order of invalidity should be suspended for two years to allow Parliament to adopt its own remedy for the situation.

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