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It was to gain access for themselves, without limiting that enjoyed by others.
The majority judgment went on to state that the Marriage Act prescribes a verbal formula that must be uttered if the legal consequences of the lawful marriage are to follow.
It also provides that when developing the common law the Court must promote the spirit, purport and objects of the Bill of Rights.
Taken together, these provisions create an imperative normative setting that obliges courts to develop the common law in accordance with the spirit, purport and objects of the Bill of Rights. Where the common law is deficient, the courts are under a general obligation to develop it appropriately.
The legislature prescribed this formula, and its words cannot be substituted by ‘updating’ interpretation.
The applicants’ wish was not to deprive others of any rights.Like many persons in their situation, they wanted to get married. Their complaint has been that the law excludes them from publicly celebrating their love and commitment to each other in marriage. ’, and thereupon the parties shall give each other the right hand and the marriage officer concerned shall declare the marriage solemnized in the following words: ‘I declare that A. “The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.” (My emphasis.)The matter before us accordingly raises the question: does the fact that no provision is made for the applicants, and all those in like situation, to marry each other, amount to denial of equal protection of the law and unfair discrimination by the state against them because of their sexual orientation?