South Africa is the fifth nation and the first in Africa to grant gays and lesbians the same rights as heterosexuals by legalizing gay marriage. The law went into effect November 30, 2006.

History of Gay Marriage Ruling in South Africa

The South Africa gay marriage ruling came after a lesbian couple asked to have the wording of the common-law marriage law to read "union between two persons" instead of "union between a man and a woman." In the new rulings, justices said denying gays and lesbians the right to marry violated the constitution's guarantee of equal rights.

South Africa has one of the most liberal constitutions in the world, making discrimination based on sexual orientation illegal.

A gay marriage victory

Gay and lesbian activists applauded South Africa's decision to grant gays and lesbians the same marriage rights as heterosexuals. However, some have criticized the law because it allows clergy and civil marriage officers to not perform gay wedding ceremonies if their conscience prevents it.
Gay marriage is also legal in The Netherlands, Spain, Belgium and Canada.