Home Affairs - Fourie - Index To Heads

IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA CASE NO. CCT 60/2004 In the matter between: MINISTER OF HOME AFFAIRS

First Applicant

DIRECTOR-GENERAL HOME AFFAIRSSecond Applicant and MARIE ADRIAANA FOURIE CECILIA JOHANNA BONTHUYS

First Respondent Second Respondent

and MARRIAGE ALLIANCE OF SOUTH AFRICA curiae

Amicus

INDEX TO THE MARRIAGE ALLIANCE OF SA’s HEADS OF ARGUMENT HEADING

PAGE

INTRODUCTION

1-5

WHAT IS THE INTRINSIC NATURE OF MARRIAGE?

5-15

DOES THE COMMON LAW DEFINITION OF MARRIAGE DISCRIMINATE AGAINST HOMOSEXUAL PERSONS?

16-18

IF THE COMMON LAW DEFINITION DOES DISCRIMINATE AGAINST HOMOSEXUAL PERSONS, IS THE DISCRIMINATION UNFAIR?

19

THE LIMITATION ANALYSIS

19-25

-2SHOULD THE COMMON LAW BE DEVELOPED BY REDEFINING MARRIAGE?

26-35

INTERNATIONAL LAW

36-39

FURTHER EVIDENCE TO BE ADDUCED

39-41

CONCLUSION

41-42

ADDENDUM TO PARAGRAPH 54

42A

LIST OF AUTHORITIES

43-46

ATTACHMENTS: DRAFT AFFIDAVITS