UPDATE: South Africa must allow Gay marriage!

[Guy Fawkes]

<snip>
South Africa's high court on Thursday said it was unconstitutional to deny gay people the right to marry and instructed parliament to amend marriage laws to include same-sex unions within the year.
</snip>
:woohoo::party:
http://today.reuters.com/news/newsArticle.aspx?type=worldNews&storyID=2005-12-01T094214Z_01_HO134549_RTRUKOC_0_US-SAFRICA-GAY.xml&archived=False

[xchrom]

1. wow -- i was not expecting that.

so sool!

[Christa]

2. Wonderful news!

It would NOT have happened under the old regime.

[moose65]

3. Unexpected, yes....

Somehow, the name "South Africa" does not conjure up images of a gay-friendly country to me, so I was surprised to see this. On the other hand, this is a country that has seen SUCH widespread discrimination in its history, that maybe they really have seen the light and get it... to discriminate against any one group is to discriminate against all groups. Way to go, South Africa!! Who's next ????

[freestyle]

4. That's great. They interpreted their constitution properly.

The South African constitution prohibits discrimination based on sexual orientation and calls for equality for all. Even though some will claim that support for GLBT people is somehow not African, Nelson Mandela and Desmond Tutu are strong supporters of equal rights for all.

[TechBear_Seattle]

5. When will this finally happen in the Land of the Free?

Once again, the United States finds itself lagging behind Third World countries with regards to human rights. Pretty sad.

[UncleSepp]

7. South Africa a third world country?

I'm not too sure what makes a country "third world", so I can't say, but it seems odd to lump SA in with the other countries that are normally called "third world".

[TaleWgnDg]

6. This one's a no-brainer . . . Why do I say that? Because . . .

.
The South African constitution -- its Bill of Rights -- expressly states in pertinent part:

"The Bill of Rights applies to all law, and binds the legislature, the executive, the judiciary and all organs of state. . . .

"Everyone is equal before the law and has the right to equal protection and benefit of the law.

"Equality includes the full and equal enjoyment of all rights and freedoms. To promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination may be taken.

"The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.

http://www.info.gov.za/documents/constitution/1996/96cons2.htm
(bold-faced type emphasis added by TaleWgnDg)

This is why it is vital that sexual orientation be included in our own federal constitution. It will mean that -- then, and only then will -- GLBTs enjoy all the privileges and immunities that are expressly granted to all others u/ our federal constitution. There would be no wiggle room. Similarly, here, the South African highest court had no wiggle room. The words "sexual orientation" are express in its constitution.

However, I note that the Court stayed the order for one year and that it has ordered the legislative branch to enact laws in furtherance of the Court's ruling. That is, to make the present laws include marriage equality. On the other hand, does one year also allow conservatives to formulate an amendment to the country's constitution to expressly EXCLUDE GLBTs equal protection?
.