J v Director General, Department of Home Affairs | |
---|---|
Court | Constitutional Court of South Africa |
Full case name | J and B v Director-General, Department of Home Affairs and Others |
Decided | 28 March 2003 |
Citations | [2003] ZACC 3, 2003 (5) BCLR 463, 2003 (5) SA 621 (CC) |
Case history | |
Appealed from | Durban and Coast Local Division |
Court membership | |
Judges sitting | Chaskalson CJ, Langa DCJ, Ackermann, Goldstone, Madala, Mokgoro, Moseneke, O'Regan & Yacoob JJ |
Case opinions | |
Decision by | Justice Goldstone |
J and B v Director-General, Department of Home Affairs and Others is a 2003 decision of the Constitutional Court of South Africa which dealt with the situation of children born via artificial insemination to a lesbian couple in a permanent life-partnership. The court ruled that the partner who was not the biological parent was to be regarded as a natural parent and guardian and that the children were legitimate in law, and ordered the Department of Home Affairs to register both partners as parents on the children's birth certificates. [1] [2]
This is a list of notable events in the history of LGBT rights that took place in the year 2002.
Same-sex adoption is the adoption of children by same-sex couples. It may take the form of a joint adoption by the couple, or of the adoption by one partner of the other's biological child.
Same-sex marriage has been legal in South Africa since the Civil Union Act, 2006 came into force on 30 November 2006. The decision of the Constitutional Court in the case of Minister of Home Affairs v Fourie on 1 December 2005 extended the common-law definition of marriage to include same-sex spouses—as the Constitution of South Africa guarantees equal protection before the law to all citizens regardless of sexual orientation—and gave Parliament one year to rectify the inequality in the marriage statutes. On 14 November 2006, the National Assembly passed a law allowing same-sex couples to legally solemnise their union 229 to 41, which was subsequently approved by the National Council of Provinces on 28 November in a 36 to 11 vote, and the law came into effect two days later.
Lesbian, gay, bisexual, and transgender (LGBT) rights in the Republic of Ireland are regarded as some of the most progressive in Europe and the world. Ireland is notable for its transformation from a country holding overwhelmingly conservative attitudes toward LGBT issues, in part due to the opposition by the Roman Catholic Church, to one holding overwhelmingly liberal views in the space of a generation. In May 2015, Ireland became the first country to legalise same-sex marriage on a national level by popular vote. The New York Times declared that the result put Ireland at the "vanguard of social change". Since July 2015, transgender people in Ireland can self-declare their gender for the purpose of updating passports, driving licences, obtaining new birth certificates, and getting married. Both male and female expressions of homosexuality were decriminalised in 1993, and most forms of discrimination based on sexual orientation are now outlawed. Ireland also forbids incitement to hatred based on sexual orientation. Article 41 of the Constitution of Ireland explicitly protects the right to marriage irrespective of sex.
Lesbian, gay, bisexual, and transgender (LGBT) people in South Africa have the same legal rights as non-LGBT people. South Africa has a complex and diverse history regarding the human rights of LGBTQ people. The legal and social status of between 400,000 to over 2 million lesbian, gay, bisexual, transgender and intersex South Africans has been influenced by a combination of traditional South African morals, colonialism, and the lingering effects of apartheid and the human rights movement that contributed to its abolition.
Same-sex parenting is the parenting of children by same-sex couples generally consisting of gays or lesbians who are often in civil partnerships, domestic partnerships, civil unions, or same-sex marriages.
A same-sex relationship is a romantic or sexual relationship between people of the same sex. Same-sex marriage refers to the institutionalized recognition of such relationships in the form of a marriage; civil unions may exist in countries where same-sex marriage does not.
In the United States, the traditional family structure is considered a family support system involving two married individuals providing care and stability for their biological offspring. However, this two-parent, heterosexual, nuclear family has become less prevalent, and nontraditional family forms have become more common. The family is created at birth and establishes ties across generations. Those generations, the extended family of aunts and uncles, grandparents, and cousins, can hold significant emotional and economic roles for the nuclear family.
In re: Gill is a landmark Florida court case that in 2010 ended Florida's 33-year ban on adoptions by homosexuals. In 2007, Frank Martin Gill, an openly gay man, had petitioned the circuit court to adopt two boys that he and his partner had been raising as foster children since 2004. Gill was prohibited from adopting by a 1977 Florida law prohibiting adoption by gay men and lesbians in that state. After a four-day trial challenging the law, on November 25, 2008, Judge Cindy S. Lederman declared the ban violated the equal protection rights of the children and their prospective parents under the Florida Constitution, and granted Gill's adoption request.
Concerns regarding same-sex marriage and the family are at the forefront of the controversies over legalization of same-sex marriage. In the United States, about 292,000 children are being raised in the households of same-sex couples. Concern for these children and others to come are the basis for both opposition to and support for marriage for LGBTQ couples.
Same-sex adoption in Brazil is legal according to the Superior Court of Justice of Brazil, as stated in a court decision on April 27, 2010. The change was a milestone in the country's LGBT history.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Rhode Island have the same legal rights as non-LGBTQ people. Rhode Island established two types of major relationship recognition for same-sex couples, starting with civil unions on July 1, 2011, and then on August 1, 2013 with same-sex marriage. Discrimination on the basis of sexual orientation and gender identity is outlawed within the state namely in the areas of employment, housing, healthcare and public accommodations. In addition, conversion therapy on minors has been banned since 2017.
National Coalition for Gay and Lesbian Equality and Others v Minister of Home Affairs and Others, [1999] ZACC 17, is a 1999 decision of the Constitutional Court of South Africa which extended to same-sex partners the same benefits granted to spouses in the issuing of immigration permits. It was the first Constitutional Court case to deal with the recognition of same-sex partnerships, and also the first case in which a South African court adopted the remedy of "reading in" to correct an unconstitutional law. The case is of particular importance in the areas of civil procedure, immigration, and constitutional law and litigation.
Du Toit and Another v Minister for Welfare and Population Development and Others is a decision of the Constitutional Court of South Africa which granted same-sex couples the ability to jointly adopt children. LGBT people had already been able to adopt children individually, but only married couples could adopt jointly; the decision was handed down in September 2002, four years before same-sex marriage became legal in South Africa. The court ruled unanimously that the statutory provisions limiting joint adoption to married couples were unconstitutional, and the resulting order amended the law to treat same-sex partners in the same way as married couples.
Satchwell v President of the Republic of South Africa and Another is a 2002 decision of the Constitutional Court of South Africa which determined that the same-sex life partner of a judge was entitled to the same financial benefits available to the opposite-sex spouse of a judge. The case, which challenged the Judges' Remuneration and Conditions of Employment Act, 1989, was brought by Kathy Satchwell, an openly lesbian judge of the Transvaal Provincial Division of the High Court.
This is a timeline of notable events in the history of lesbian, gay, bisexual and transgender people in South Africa.
Law in Australia with regard to children is often based on what is considered to be in the best interest of the child. The traditional and often used assumption is that children need both a mother and a father, which plays an important role in divorce and custodial proceedings, and has carried over into adoption and fertility procedures. As of April 2018 all Australian states and territories allow adoption by same-sex couples.
Until 2017, laws related to LGBTQ+ couples adopting children varied by state. Some states granted full adoption rights to same-sex couples, while others banned same-sex adoption or only allowed one partner in a same-sex relationship to adopt the biological child of the other.
LGBT parents in Canada have undergone significant progress in terms of both legal and social acceptance. Same-sex couples who wish for parenthood now enjoy equally the possibilities, responsibilities and rights of opposite-sex couples. Following the nationwide legalization of same-sex marriage in 2005, the number of LGBT families in Canada has increased substantially, paving the way for same-sex couples' aspirations of having their own children. Legal methods of assisted reproduction range from insemination via IVF through to surrogacy arrangements.
The second-parent adoption or co-parent adoption is a process by which a partner, who is not biologically related to the child, can adopt their partner's biological or adoptive child without terminating the first legal parent's rights. This process is of interest to many couples, as legal parenthood allows the parent's partner to do things such as: make medical decisions, claim dependency, or gain custody in the event of the death of the biological parent.