Page:Minister of Home Affairs v Fourie.djvu/53

 Rh found in tampering with them but in providing an appropriate alternative. Thus, they argue, given that there is discrimination against same-sex couples, and accepting that the results may be harsh and need to be corrected, the remedy does not lie in radically altering the law of marriage, which by its very nature and as it has evolved historically is concerned with heterosexual relationships. The answer, they say, is to provide appropriate alternative forms of recognition to same-sex family relationships. Several alternative arguments in support of this proposition were advanced by the state and the amici. What they have in common is an objection to any remedial measures being assimilated into the traditional institution of marriage, or permitting the unions of same-sex couples to be referred to as marriages. They submit that whatever remedy the state adopts cannot include altering the definition of marriage as contained in the common law and as expressed in section 30(1) of the Marriage Act.

Four main propositions were advanced in support of the proposition that whatever remedy is adopted, it must acknowledge the need to leave traditional marriage intact. There was some overlap between the arguments but for convenience they may be identified as: the procreation rationale; the need to respect religion contention; the recognition given by international law to heterosexual marriage argument; and the necessity to have recourse to diverse family law systems contained in section 15 of the Constitution submission. I consider each in turn.

The procreation argument Rh