The failure of the common law and the Marriage Act to provide the means whereby same-sex couples could enjoy the same status, entitlements and responsibilities accorded to heterosexual couples through marriage accordingly constituted an unjustifiable violation of their right to equal protection of the law under section 9(1), and not to be discriminated against unfairly in terms of s 9(3) of the Constitution. Furthermore, such failure represented an unjustifiable violation of their right to dignity in terms of section 10 of the Constitution.