In the National Coalition for Gay and Lesbian Equality and another v Minister of justice and others (1999)  the Constitutional Court held that sodomy laws  criminalised the intimate relationships of a vulnerable minority group – gay men. This degrading treatment constituted a violation of the rights to dignity and privacy. The Court found that the offence of sodomy was unconstitutional and did not constitute reasonable or justifiable limitations on the rights of gay men to equality, dignity, and privacy.

In the National Coalition for Gay and Lesbian Equality and others v Minister of Home Affairs and others (1999) the Constitutional Court declared that section 25(5) of the Aliens Control Act of 1991 (Act) was unconstitutional because it did not provide persons who were partners in permanent same-sex life partnerships the benefits it extended to “spouses”. The Court found that section 25(5) discriminated unfairly on the grounds of sexual orientation and marital status and seriously limited rights to equality and dignity in a way that was not reasonable and justifiable.

In Satchwell v The President of the Republic of South Africa (2002) the Constitutional Court declared sections 8 and 9 of the Judges’ Remuneration and Conditions of Services Act unconstitutional to the extent that it afforded benefits to the spouses of judges but not to their same-sex life partners.

In Du Toit and another v Minister of Welfare and Others (2002)  the Constitutional Court held the Child Care Act and Guardianship Act unconstitutional as they did not make provision for adoption for same-sex partners.

In J and B v the Director-General of Home Affairs and others (2003) the Constitutional Court ordered that the Children’s Status Act of 1987 be amended to provide the same status to children born from artificial insemination to same-sex permanent life partners.

In Minister of Home Affairs v Fourie and others (2004) the Constitutional Court decided that the exclusion of same-sex couples from the common law and legislative definition of marriage was unconstitutional as it violated the rights of such couples to equality.