Posted: December 22, 2004 2:04 pm ET

(Cape Town, South Africa) The South African government Wednesday filed an appeal to a ruling that said barring same-sex couples from marrying violates the country's constitution.

The issue now heads to the Constitutional Court.

The case had been brought by Marie Fourie and Cecelia Bonthuys who say they want to marry.

Last month the Supreme Court of Appeal ruled in favor of the couple. (story)

The court, in a majority decision, declared that under the Constitution the common law concept of marriage must to be developed to embrace same-sex partners.

Judge Edwin Cameron, writing for the majority said that the women's intended marriage was capable of lawful recognition as a legally valid marriage, provided the formalities in the Marriage Act of 1961 were complied with.

But, he stopped short of striking down the existing definition of marriage as between a man and a woman.  Instead he urged the government to begin making the necessary amendments to the law.

Nkosana Sibuyi, a spokesperson for the Department of Home Affairs said that it was important to complete the legal process by appealing directly to the Constitutional Court.  

Sibuyi said that the government does not want to deny gay and lesbian people the respect, equality and dignity that is enshrined in the Bill of Rights.

"The department is also keenly aware that the equality clause in our Constitution prohibits discrimination on the basis of sexual orientation," he said.  

But, he added that the government does not believe it can change the legislation without following due process.

If the Constitutional Court agrees with Judge Cameron's ruling the process of amending the law will begin Sibuyi said.