This short dissertation is an appraisal of same-sex marriages. The traditional arguments against
same-sex unions are examined and rejected as being circular, unconvincing and baseless. Some
of the international developments on the subject of same-sex unions are examined and it is noted
that a slow but distinct change in attitude towards same-sex marriages is beginning to emerge
from international judiciaries. The legal position of people with same-sex orientation in the
South African legal system is examined with special reference to our Constitution. It is
submitted that our Constitution is the foremost vehicle for legal change in this regard and that
the equality clause of our Constitution is authority for the recognition by the law of same-sex
marriages. This dissertation concludes that same-sex marriages ought to be fully accepted and
recognised by the law for reasons, inter alia, of fairness and equality for people of same-sex orientation.Constitutional, International and Indigenous LawLL. M
