How did South Africa legalize same-sex marriage after a constitutional court ruling?

South Africa legalized same-sex marriage in November 2006, following a landmark ruling by the country’s highest court one year earlier. The court determined that existing marriage laws were unconstitutional because they violated the South African constitution’s guarantee of equal rights.1

In response to this judicial mandate, the South African parliament passed legislation to legalize same-sex marriage by a margin of more than five-to-one. The measure received support from both the governing African National Congress and the primary opposition party, the Democratic Alliance.1

The resulting law included a provision allowing religious institutions and civil officers to refuse to perform same-sex marriage ceremonies, a compromise that remains a subject of debate regarding the rights of same-sex couples. This legislative action established South Africa as the first country in Africa to legalize same-sex marriage.12