The judgment will also benefit spouses in Muslim marriages, which were legally recognised in a 2022 Constitutional Court judgment.
- Professor of Legal Pluralism, Religious Family Laws, and Human Rights, University of Cape Town
To afford sufficient protection to marginalised people in society - such as women in minority religious communities - the state must recognise and regulate religious marriages in a nuanced way.
Although South Africa has taken steps to rid itself of the apartheid-era view of marriage as only heterosexual and monogamous, discrimination against religious marriages persist.
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