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South African Court Grants Same Sex Spousal Rights

Canadian Ministry Appeals Marriage Ruling

By Rex Wockner
International News Report

South African Court Grants Same Sex Spousal Rights

A full bench of South Africa's Constitutional Court ruled July 25 that gay couples must receive the same workplace benefits as married couples.

The ruling, which came in a case filed by a lesbian judge whose partner was denied spousal benefits, cited the nation's Constitution, which bans all discrimination based on sexual orientation.

Another lawsuit is pending that activists predict will open up ordinary marriage to South African same-sex couples.

The only country where gay couples can marry under the exact same laws as opposite-sex couples is The Netherlands, though several nations, mostly in Western Europe, have gay-partnership laws that grant registered same-sex couples up to 99 percent of the rights and obligations of marriage.


Canadian Ministry Appeals Marriage Ruling

Canada's Justice Ministry will appeal the Ontario Superior Court ruling that the federal ban on same-sex marriage violates the nation's Charter of Rights and Freedoms.

"There is no consensus, either from the courts or among Canadians, on whether or how the laws require change," said Justice Minister Martin Cauchon. "The government believes it is the responsible course to seek further clarity on these issues."

The July 12 ruling came in the case of two couples who were married at the gay Metropolitan Community Church via the process of reading banns -- asking in church on three Sundays if anyone objects to the marriage, which is a legal way to marry in Ontario. They were given ordinary marriage certificates by MCC pastor Brent Hawkes but provincial officials later refused to register the documents.

The court's ruling will become law on July 12, 2004, if the federal Parliament has not legalized same-sex marriage by then.

The only country where same-sex couples can marry under the exact same laws as opposite-sex couples is The Netherlands, though numerous nations, mostly in Western Europe, have gay-partnership laws that grant registered same-sex couples up to 99 percent of the rights and obligations of marriage.
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Rex Wockner

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