Is gay marriage legal in south africa

Same-sex marriage has been legal in South Africa since the Civil Union Act, came into force on 30 November The decision of the Constitutional Court in the case of Minister of Home Affairs v Fourie on 1 December extended the common-law definition of marriage to include same-sex spouses—as the Constitution of South Africa guarantees equal protection before the law to all.

Until legal clarification occurs, foreign and same‑sex civil unions must proceed with caution to ensure enforceability of their property rights. Conclusion South Africa’s legal framework continues to reflect a tension between constitutional values of equality and the traditional lex domicilii matrimonii rule grounded in common law.