The judgment, authored by Justice Albie Sachs and delivered on 1 December 2005, gave Parliament one year to pass the necessary legislation.

As a result, the Civil Union Act came into force on 30 November 2006, making South Africa the fifth country in the world to recognise same-sex marriage.

In the Lesbian and Gay Equality Project case, the applicants' counsel was instructed by Nicholls, Cambanis & Associates, and the respondents' by the State Attorney.

(3) The State may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.

Prior to the hearing, applications were made by Doctors For Life International and its legal representative Mr John Smyth, to be admitted as amici curiae.

Application to be admitted as amicus curiae was also made by the Marriage Alliance of South Africa, supported on affidavit by Cardinal Wilfred Napier.

[10] The failure of the common law and the Marriage Act to provide the means whereby same-sex couples could enjoy the same status, entitlements and responsibilities accorded to heterosexual couples through marriage accordingly constituted an unjustifiable violation of their right to equal protection of the law under section 9(1), and not to be discriminated against unfairly in terms of s 9(3) of the Constitution.

[13] The court noted that South Africa has a multitude of family formations that are evolving rapidly as society develops, so that it is inappropriate to entrench any particular form as the only socially and legally acceptable one.

There is an imperative constitutional need to acknowledge the long history in South Africa and abroad of marginalisation and persecution of gays and lesbians, although a number of breakthroughs have been made in particular areas.