South Africa Anti-Gay Adoption Law Unconstitutional Court Rules

Johannesburg | 2002-09-10

outh Africa's highest court today ruled that laws preventing gay and lesbian couples from adopting are unconstitutional.

In a landmark decision, the Constitutional Court found that people in permanent same-sex partnerships could provide children with the same stability, support and affection as in heterosexual homes.

The justices were ruling in case involving two lesbians who have been life partners since 1989. The women, Anne-Marie de Vos and Suzanne du Toit, who are themselves judges, went to the high court when du Toit was prevented from adopting de Vos's two children.

"Family life as contemplated in the constitution can be lived in different ways... The stability, support and affection envisaged by the Child Care Act can be provided by people in permanent same-sex relationships," said Judge Lewis Skweyiya in a written judgment.

South Africa's Constitution outlaws discrimination on the basis of sexual orientation.

"I am ecstatic," de Vos told the South African Press Association. "I needed to know that if something happened to me, Suzanne would be able to take care of the children. We just want to be settled and secure in the knowledge that we can both take care of them."