JOHANNESBURG, Aug 23 (AFP) - A South African lesbian couple on Monday went to the Supreme Court of Appeal to challenge the legal definition of marriage as a union between a man and a woman.
Marie Fourie and Cecelia Bonthuys are seeking to overturn a decision by the Pretoria High Court last year which rejected their request to have their marriage legally recognised.
"Marriage is a mechanism through which heterosexuals automatically get certain rights and privileges. The one thing that keeps homosexuals from the same rights is a single line in the common law," their lawyer Pieter Oosthuizen told the court in Bloemfontein, about 500 kilometres (300 miles) south of Johannesburg.
Under South African law, marriage is defined as a union of one man and one woman making it impossible for same-sex couples to get married.
Oosthuizen said marriage was a contract between two people who agree to change their status, the SAPA news agency reported.
"It's this status change that gives them access to certain rights and privileges, which they normally would not have."
The lawyer cited provisions in the constitution stating that all people should be treated equally before the law.
"If this is a discrimination against their sexual orientation, it is unfair and more than enough reason for the appeal to be granted.
"We also deal now with the realities of 2004 and not those of 1876," he added.
The ministry of home affairs opposed the application.
The court has yet to set a judgement date.