Page:Minister of Home Affairs v Fourie.djvu/97

 Rh matter. It is necessary to remember at all times that what is in issue is a question of status. Interim arrangements that would be replaced by subsequent legislative determinations by Parliament would give to any union established in terms of such a provisional scheme a twilight and impermanent character out of keeping with the stability normally associated with marriage. The dignity of the applicants and others in like situation would not be enhanced by the furnishing of what would come to be regarded as a stop-gap mechanism.

Lying at the heart of this case is a wish to bring to an end, or at least diminish, the isolation to which the law has long subjected same-sex couples. It is precisely because marriage plays such a profound role in terms of the way our society regards itself, that the exclusion from the common law and Marriage Act of same-sex couples is so injurious, and that the foundation for the construction of new paradigms needs to be steadily and securely laid. It is appropriate that Parliament be given a free hand, within the framework established by this judgment, to shoulder its responsibilities in this respect.

The period of suspension of invalidity

As I have shown, Parliament has already undertaken a number of legislative initiatives which demonstrate its concern to end discrimination on the ground of sexual orientation. Aided by the extensive research and specific proposals made by the SALRC, there is no reason to believe that Parliament will not be able to fulfil its

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