The legal advice we have been given is that the simplest solution to correct the misinterpretation of the Constitutional Court is to entrench the existing definition of marriage in the Marriage Act by adding to section 39 (Interpretation) the clause:

"'The Constitution shall be interpreted to mean that a marriage is the voluntary union between a man and a woman only."

There are many other alternatives to amend the constitution to solve this problem, but this appears the least complicated. It would preserve the status quo as it is now without implementing the court ruling. Many South Africans feel deeply uncomfortable with recognition of same-sex relationships as marriage, because:

It is against God's law and offensive to the majority of South Africans on the basis of their religious beliefs

It is bad for children, who need both a mother and a father in a stable home.

It is opposed to African culture and tradition, hence the rejection thereof in the rest of Africa.

It undermines respect for true marriage.

It undermines sexual morality, in the context of AIDS.

It will encourage activist judges to interfere more in the legislative domain.

It will lead to more extreme proposals to promote various sexual deviances.

Send mail to info@defendmarriage.co.za with questions or comments about this web site.
Last modified: 07/19/06