With the abolition of apartheid and the introduction of a new constitutional dispensation, the state’s totalitarian exclusion of homosexuals from legal recognition was relegated to a past era. The constitutional commitment to human dignity and equality and the inclusion of sexual orientation as a prohibited ground of discrimination led to the recognition of same-sex life partnerships and, inevitably, same-sex marriage by means of a civil union regime. The object of this study is to investigate the scope of the legal consequences provided to same-sex couples by the Civil Union Act 17 of 2006 and to determine the legal standing of same-sex couples who fall outside the ambit of the Act. The study includes constitutional arguments pertaining to the continued recognition of same-sex life partnerships and a critical analysis of the constitutionality of the Civil Union Act as a separate measure to govern same-sex marriage. This investigation is conducted with reference to relevant legislation and case law. / Private Law / LL.M. (Private Law)
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:unisa/oai:uir.unisa.ac.za:10500/3226 |
| Date | 11 1900 |
| Creators | De Ru, Henriet |
| Contributors | Heaton, J. |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Thesis |
| Format | 1 online resource ([5], 162 leaves) |
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