The court noted that South Africa has a multitude of family formations that are evolving rapidly as society develops, so that it is inappropriate to entrench any particular form as the only socially and legally acceptable one. There is an imperative constitutional need to acknowledge the long history in South Africa and abroad of marginalisation and persecution of gays and lesbians, although a number of breakthroughs have been made in particular areas. The court also found that there is no comprehensive legal regulation of the family law rights of gays and lesbians, and that the Constitution represents a radical rupture with a past based on intolerance and exclusion, and the movement forward to the acceptance of the need to develop a society based on equality and respect by all for all. The Court pointed out that what was at issue was the need to affirm the character of the society as one based on tolerance and mutual respect.