S. African court defends gay marriage

South Africa's top court said yesterday it was unconstitutional to deny gay people the right to marry, putting it on track to become the first African country to legalise same-sex marriage.

The Constitutional Court told Parliament to amend marriage laws to include same-sex partners within the year - a step that runs counter to widespread African taboos against homosexuality.

"The exclusion of same-sex couples from the benefits and responsibilities of marriage... signifies that their capacity for love, commitment and accepting responsibility is by definition less worthy of regard than that of heterosexual couples," Justice Albie Sachs said in the ruling.

The court said if Parliament did not act, the legal definition of marriage would be automatically changed to include same-sex unions. That would put South Africa alongside Belgium, the Netherlands, Spain and Canada in allowing gay marriages.

Elated gay and lesbian couples and supporters hugged each other after the judgement, although some said they were disappointed they had to wait longer to get married.

"We would've liked to get married as soon as we could," said Fikile Vilakazi, wearing a yellow T-shirt with the words Marriage - Anything Less Is Not Equal.

"I'm very happy though that finally our courts have discovered that the common law definition of marriage is unconstitutional."

Post-apartheid South Africa has one of the most progressive constitutions in the world and the only one to enshrine equal rights for gays and lesbians.

Many African countries, by contrast, outlaw homosexuality and turn a blind eye to persecution of gays and lesbians.

South African gay activists have won a string of legal victories in recent years, including the right to adopt children and inherit from partners' wills, but so far the right to marry has eluded them.

South Africa's ruling African National Congress, which under Nelson Mandela led the country from apartheid to democracy, said the ruling affirmed the state should not discriminate against its citizens.