Text Only
Search

 
South African Assembly Legalizes Same-Sex Marriage Law


14 November 2006
Bobb report - Download 318K - Download (Real) audio clip
Bobb report - Download 318K - Listen (Real) audio clip

In South Africa, the National Assembly has passed a law legalizing same sex unions. The first such law in Africa, it sparked heated debate for months.

Participants take part in Johannesburg's 17th Gay Pride parade, Sept. 30, 2006
Participants take part in Johannesburg's 17th Gay Pride parade, Sept. 30, 2006
The South African parliament Tuesday overwhelmingly passed a law allowing same-sex unions.

The deputy chairperson of the National Council of Provinces, Peggy Hollander, announced the vote.

"The voting session is now closed and the result of the division is as follows: the ayes 230, the nos 41 and abstentions three."

The law, known as the Civil Union Act, was condemned by religious groups and traditional leaders and criticized by gay rights groups as insufficient.

It passed because the ruling African National Congress instructed its delegates to vote for it without exception.

A researcher at Johannesburg's Center for Applied Legal Studies, Beth Goldblatt, says nevertheless the law represents an important step for civil rights in South Africa.

"I am pleased that there is finally legislation which permits same-sex couples to marry, but I have some concerns that this legislation is inadequate, poorly drafted and not quite what would have been the ideal solution," she said.

South Africa's Constitutional Court one year ago decided that the existing marriage law was unconstitutional because it discriminated against same-sex couples. It ordered the government to provide new marriage legislation by December 1.

Goldblatt says the simplest solution would have been to amend the marriage act to allow same-sex marriages. But she says the parliament has created a new institution.

She says the legislation provides the same protections as the marriage law, but that it is a separate, parallel law.

"So although there is no actual difference in the consequences of the law it still seems to be saying that if you are a same-sex couple you cannot use the marriage act that is provided for heterosexual couples and that seems to offend the same-sex couples' dignity," she said.

Women greet one another at a Gay Pride March in Soweto, Sept. 23, 2006
Women greet one another at a Gay Pride March in Soweto, Sept. 23, 2006
As a result, Goldblatt predicts that gay rights groups will challenge the constitutionality of the Civil Union Act.

The new law also includes a provision that allows marriage officials to refuse to carry out the ceremony on religious or personal grounds.

Gay rights activists say this measure discriminates against them and is therefore unconstitutional.

Religious groups and traditional leaders have proposed amending the South African constitution to forbid same-sex marriages.

But many believe this will be difficult to carry out because of widespread support for individual freedoms in a country where the memories of the apartheid era are still fresh.

 

emailme.gif E-mail This Article
printerfriendly.gif Print Version

  Top Story
UN Security Council Calls for Immediate Gaza Truce

  More Stories
US Studies Withdrawing More Troops from Iraq  Audio Clip Available
UN Agency Suspends Aid Deliveries in Gaza Because of Violence  Audio Clip Available
Obama Warns of Severe Consequences Without Stimulus Package  Audio Clip Available
Russia Agrees to Gas Pipeline Monitors
Suicide Bomber Attacks Foreign Troops, Kills Civilians in Afghanistan
Recession Woes Again Batter World Markets  Audio Clip Available
Sri Lankan Military Presses Ahead with Offensive  Audio Clip Available
Diplomatic Activity Builds to Halt Eastern Congo Clashes  Audio Clip Available
Lawyers Want Charges Dropped Against Zimbabwe Activists  Audio Clip Available
Obama's Choice to Head US Health Agency Vows Reform  Audio Clip Available
Diplomat Cites Bush Efforts to Strengthen Sino-American Ties  Audio Clip Available
Africans Await Obama Inauguration with Mixed Expectations  Audio Clip Available
Two Chinese Cities Offer Incentives to Attract Overseas Professionals  Audio Clip Available
Immigrant Filmmaker Travels Rocky Road in Hollywood  Audio Clip Available