Couple facing court action over refusing gay marriage on their farm

Gareth O’Brien (Left) and Emile Butler (Right)

Farm owners in Paarl, who allegedly refused a gay couple permission to get married on their land, could face legal action.

The Saturday Star reported gay couple Emile Butler and Gareth O’Brien were considering taking the matter to the Equality Court.

The couple had planned to get married at the Diemerskraal wine estate outside Cape Town but were turned down by owners Daan and Jeanette Morkel.

It was alleged the owners could not “find it in their hearts” to allow a gay couple to get married on their property, the newspaper reported today.

Constitutional law expert Pierre de Vos said the owners’ right to reserve admission was not an absolute right.

The Equality Act requires that “no person may unfairly discriminate directly or indirectly against anyone on one or more grounds.”

These include grounds of “race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth”.

The Human Rights Commission had notified the Morkel’s about the complaint. Daan Morkel confirmed to the newspaper that they were contacted by the commission. – Sapa