November 30, 2004
The Supreme Court of Appeal decision in FOURIE unfairly discriminates against Christians, Moslems and Jews who regard their marriage vows as sacred
Press Release
Enquiries: Mr John Smyth QC (Legal spokesperson, DFL)

DFL has not yet had the opportunity to study the 112 page judgement handed down by the SCA today. At least one judge dissented, and DFL will intervene when the matter goes to the Constitutional Court on the following ground:

The Equality Clause in the Bill of Rights upon which the lesbian couple rely also protects the rights of religious people who regard their marriage vows as sacred.

Such persons, perhaps a majority of South Africans, have the Constitutional right not to be unfairly discriminated against on the ground of their ‘marital status’, ‘religion’, ‘conscience’ or ‘belief’.

DFL believe that were the law ‘to be developed’ in the way that the SCA have directed very serious unfair discrimination of this nature would result.

This issue was apparently not argued at all by the State at the Bloemfontein hearing and DFL believe it must be brought into the public domain and must be argued before the Constitutional Court. Under section 36 of the Constitution the Court has an obligation to limit the rights of one group of the population where they conflict with those of another.

If, as DFL believe, the rights of homosexuals can be adequately safe-guarded by separate legislation, then the right solution under section 36 is for the rights of married people to be safe-guarded by retaining the divine institution of marriage in its historic form.

DFL looks upon the traditional heterosexual marriage as the most basic building block of society. It is an institution so vital for the survival of society, that it deserves special protection by the law. Medical science, be it anatomical, physiological, psychological or sociological, clearly demonstrates that no structure has been shown as favourable as the traditional heterosexual marriage for the raising of children. This stance is further born out by the fact that not a single civilisation in the history of mankind has endorsed same sex marriages, and only one country in the world today has passed laws to give it effect. ‘Doctors for Life International’ represents more than 1100 medical doctors and specialists, three-quarters of who practise in South Africa. DFL was founded as a South African organisation in 1991 and has spread across the globe. DFL is involved in several community projects including orphan care, the care of terminal AIDS patients, malaria treatment and the care of abused women.