Same-sex marriage in South Africa

Same-sex marriage has been legal in South Africa since the Civil Union Act, 2006 came into force on 30 November 2006. The decision of the Constitutional Court in the case of Minister of Home Affairs v Fourie on 1 December 2005 extended the common-law definition of marriage to include same-sex spousesas the Constitution of South Africa guarantees equal protection before the law to all citizens regardless of sexual orientationand gave Parliament one year to rectify the inequality in the marriage statutes. On 14 November 2006, the National Assembly passed a law allowing same-sex couples to legally solemnise their union 229 to 41, which was subsequently approved by the National Council of Provinces on 28 November in a 36 to 11 vote, and the law came into effect two days later. South Africa was the fifth country in the world and the first in Africa to legalise same-sex marriage.[1]

History

Background

South Africa was the first country in the world to safeguard sexual orientation as a human right in its Constitution.[2] The Constitution of South Africa, which took effect on 4 February 1997, forbids discrimination on the basis of sex, gender or sexual orientation. These equality rights formed the basis for a series of court decisions granting specific rights to couples in long-term same-sex relationships:

The Fourie case

In 2002, a lesbian couple, Marié Fourie and Cecelia Bonthuys, with the support of the Lesbian and Gay Equality Project, launched an application in the Pretoria High Court to have their union recognised and recorded by the Department of Home Affairs as a valid marriage. Judge Pierre Roux dismissed the application on 18 October 2002 on the technical basis that they had not properly attacked the constitutionality of the definition of marriage or the Marriage Act, 1961.[4][5]

Fourie and Bonthuys requested leave to appeal to the Constitutional Court, but this was denied and the High Court instead granted leave to appeal to the Supreme Court of Appeal (SCA). They applied to the Constitutional Court for direct access, but this was denied on 31 July 2003; the court stated that the case raised complex issues of common and statutory law on which the SCA's views should first be heard.[6][7]

Fourie and Bonthuys therefore appealed the High Court judgment to the SCA, which handed down its decision on 30 November 2004. The five-judge court ruled unanimously that the common-law definition of marriage was invalid because it unconstitutionally discriminated on the basis of sexual orientation, and that it should be extended to read "Marriage is the union of two persons to the exclusion of all others for life." The court further unanimously noted that because Fourie and Bonthuys had not challenged the Marriage Act, the court could not invalidate it, and, therefore, their marriage could not immediately be solemnized. The court divided, however, on whether the couple should be given an immediate remedy in implementing the new, wider common-law definition of marriage. The majority opinion, written by Judge Edwin Cameron, ruled that the new definition should apply immediately. In a dissenting opinion, Judge Ian Farlam was of the opinion that the court's order declaring the common-law definition invalid should be suspended for two years to allow Parliament to adopt its own remedy for the situation.[8][9][10]

The Government of South Africa appealed the SCA's ruling to the Constitutional Court, arguing that a major alteration to the institution of marriage was for Parliament and not the courts to decide, while Fourie and Bonthuys cross-appealed, arguing that the Marriage Act should be altered as Judge Farlam had suggested. In the meanwhile, the Lesbian and Gay Equality Project had also launched a separate lawsuit directly attacking the constitutionality of the Marriage Act, which was originally to be heard in the Johannesburg High Court; the Constitutional Court granted the Project's request to have it heard and decided simultaneously with the Fourie case.

On 1 December 2005, the Constitutional Court handed down its decision: the nine justices agreed unanimously that the common-law definition of marriage and the marriage formula in the Marriage Act, to the extent that they excluded same-sex partners from marriage, were unfairly discriminatory, unjustifiable, and therefore unconstitutional and invalid. In a widely quoted passage from the majority ruling, Justice Albie Sachs wrote:

"The exclusion of same-sex couples from the benefits and responsibilities of marriage, accordingly, is not a small and tangential inconvenience resulting from a few surviving relics of societal prejudice destined to evaporate like the morning dew. It represents a harsh if oblique statement by the law that same-sex couples are outsiders, and that their need for affirmation and protection of their intimate relations as human beings is somehow less than that of heterosexual couples. It reinforces the wounding notion that they are to be treated as biological oddities, as failed or lapsed human beings who do not fit into normal society, and, as such, do not qualify for the full moral concern and respect that our Constitution seeks to secure for everyone. It signifies that their capacity for love, commitment and accepting responsibility is by definition less worthy of regard than that of heterosexual couples."

Paragraph 71 of the judgment

There was some disagreement about the remedy: the majority (eight of the justices) ruled that the declaration of invalidity should be suspended for a year to allow Parliament to correct the situation, as there were different ways in which this could be done, and the Law Reform Commission had already investigated several proposals. If Parliament did not end the inequality by 1 December 2006, then words would automatically be "read in" to the Marriage Act to allow same-sex marriages. Justice Kate O'Regan dissented, arguing that these words should be read in immediately.[11][12]

Civil Union Act

On 24 August 2006, the Cabinet approved the Civil Union Bill for submission to Parliament. The bill as initially introduced would only have allowed civil partnerships which would have been open only to same-sex couples and have the same legal consequences as marriage. It also included provisions to recognise domestic partnerships between unmarried partners, both same-sex and opposite-sex.[13] The state law advisers, who screen laws for constitutionality and form, declined to certify the bill, suggesting that it failed to follow the guidelines laid down by the Constitutional Court. The Joint Working Group, a network of LGBT organisations, described the idea of a separate marriage law for same-sex couples as "an apartheid way of thinking".[14]

On 16 September, thousands of South Africans took to the streets in several cities to protest same-sex marriage.[15] The minor opposition African Christian Democratic Party (ACDP) pushed for a constitutional amendment to define marriage as between a man and a woman; this was rejected by the National Assembly's Portfolio Committee on Home Affairs.[16] Public hearings on the bill began on 20 September. On 7 October, the Marriage Alliance organised a march to the Union Buildings in Pretoria to hand a memorandum opposing same-sex marriage to government representatives. On 9 October, the governing African National Congress (ANC) voted to support the bill. Although the party had been split on the issue, the vote meant that ANC MPs would be obliged to support the bill in Parliament. The full party support came after members of the national executive committee reminded party members that the ANC had fought for human rights, which includes gay rights.

It was originally expected that the National Assembly would vote on the bill on 20 October in order to allow enough time for the National Council of Provinces to debate and vote on it ahead of the 1 December deadline. The vote was repeatedly delayed as the Portfolio Committee on Home Affairs was still involved in discussions.[17] In response to the argument that 'separate but equal' civil partnerships would not comply with the Constitutional Court's ruling, the Portfolio Committee amended the bill to allow either marriages or civil partnerships, and to allow them to both same-sex and opposite-sex couples. The chapter dealing with the recognition of domestic partnerships was removed.

On 13 November, one day before the bill would be read for a final reading in the National Assembly, Defence Minister Mosiuoa Lekota said:[18]

The roots of this bill lie in many years of struggle... This country cannot afford to be a prison of timeworn prejudices which have no basis in modern society. Let us bequeath to future generations a society which is more democratic and tolerant than the one that was handed down to us.

The amended bill was passed by the National Assembly on 14 November by 229 votes to 41, and by the National Council of Provinces on 28 November by 36 votes to 11.[19] Deputy President Phumzile Mlambo-Ngcuka, acting for President Thabo Mbeki, signed it into law on 29 November, and it became law the following day, one day before the Constitutional Court's order would otherwise have come into force.[20] Minister of Home Affairs Nosiviwe Mapisa-Nqakula said the law was only a temporary measure, noting that a fuller marriage law would be formulated to harmonise the several pieces of marriage legislation now in force.[21][22][23]

14 November 2006 vote in the National Assembly[24]
PartyVoted forVoted againstAbstained
  African National Congress (ANC)
207
  • Arthur Ainslie
  • Tuelo Anthony
  • Jonathan Arendse
  • Kader Asmal
  • Ngconde Balfour
  • Masenyani Baloyi
  • Jean Benjamin
  • Francois Beukman
  • Yusuf Bhamjee
  • Fezile Bhengu
  • Denis Bloem
  • Hendrietta Bogopane-Zulu
  • Trevor Bonhomme
  • Mnyamezeli Booi
  • Cecil Burgess
  • Ismail Cachalia
  • Yunus Carrim
  • Mosie Cele
  • Judy Chalmers
  • Hlomane Chauke
  • Fatima Chohan-Khota
  • Johannes Combrinck
  • Jeremy Cronin
  • Siyabonga Cwele
  • Johannes De Lange
  • Letsau Diale
  • Angela Didiza
  • Mgolodi Dikgacwi
  • Isabella Direko
  • Sello Dithebe
  • David Dlali
  • Geoffey Doidge
  • Dirk du Toit
  • Alec Erwin
  • Nkosinathi Fihla
  • Geraldine Fraser-Moleketi
  • Cedric Frolick
  • Joanmariae Fubbs
  • Pico Gabanakgosi
  • André Gaum
  • Mluleki George
  • Pierre-Jeanne Gerber
  • Knowledge Gigaba
  • Christopher Gololo
  • Donald Gumede
  • Mogomotsi Gumede
  • Lindiwe Hendricks
  • Peter Hendrickse
  • Barbara Hogan
  • Shiaan-Bin Huang
  • Loretta Jacobus
  • John Jeffery
  • Carol Johnson
  • Mlungisi Johnson
  • Zweledinga Jordan
  • Mziwamadoda Kalako
  • Onewang Kasienyane
  • Ronald Kasrils
  • Charles Kekana
  • Lefu Khoarai
  • Sikhumbuzo Kholwane
  • Kenneth Khumalo
  • Butana Komphela
  • Gerhardus Koornhof
  • Zunaid Kotwal
  • Luwellyn Landers
  • George Lekgetho
  • Mosiuoa Lekota
  • Tshiwela Lishivha
  • Samuel Louw
  • Tsietsi Louw
  • Cikizwa Ludwabe
  • Jerome-Joseph Maake
  • Brigitte Mabandla
  • Curtis Mabena
  • Lawrence Maduma
  • Meisie Madumise
  • Ntando Magubane
  • Gratitude Magwanishe
  • Themba Mahlaba
  • Gwendoline Mahlangu-Nkabinde
  • Samson Mahote
  • Shoahlane Maja
  • Xoliswa Makasi
  • Mamosoeu Makgate
  • Lorna Maloney
  • Patrick Maloyi
  • Homes Maluleka
  • Daniel Maluleke
  • Millicent Manana
  • Trevor Manuel
  • Nosiviwe Mapisa-Nqakula
  • Puleng Mashangoane
  • Lorraine Mashiane
  • Refilwe Mashigo
  • Buoang Mashile
  • Tshililo Masutha
  • Pietos Mathebe
  • Motswaledi Matlala
  • Mmaphefo Matsemela
  • Ivy Matsepe-Casaburri
  • Mothusiemang Matsomela
  • Shepherd Mayatula
  • Alpheus Maziya
  • Mandlenkosi Mbili
  • Nozizwe Mbombo
  • Vytjie Mentor
  • Hlengiwe Mgabadeli
  • Zakhele Mkhize
  • Andrew Mlangeni
  • Bafunani Mnguni
  • Bhekinhlahla Mnyandu
  • Lewele Modisenyane
  • Tsokudu Mofokeng
  • Ohentse Mogale
  • Isaac Mogase
  • Ismail Mohamed
  • Manyaba Mohlaloga
  • Aubrey Mokoena
  • Sediane Montsitsi
  • Kay Moonsamy
  • Dimakatso Morobi
  • Masafele Morutoa
  • Kgoloko Morwamoche
  • Bahlakoana Mosala
  • Maxwell Moss
  • Linda Moss
  • Semamanyane Motubatse-Hounkpatin
  • Mandisi Mpahlwa
  • Sithole Mshudulu
  • Ben Mthembu
  • Eric Mtshali
  • Fholisani Mufamadi
  • Monontsi Mzondeki
  • Zipporah Nawa
  • Rita Ndzanga
  • Andries Nel
  • Mdudu Nene
  • Nhlanhla Nene
  • Wilma Newhoudt-Druchen
  • Elizabeth Ngaleka
  • Nompendulo Ngcengwane
  • Eugene Ngcobo
  • Lincoln Ngculu
  • Nombuyiselo Ngele
  • Winnie Ngwenya
  • Sisa Njikelana
  • Makhosazana Njobe
  • Enyinna Nkem-Abonta
  • Constance Nkuna
  • Robert Nogumla
  • Sisi Ntombela
  • Bongi Ntuli
  • Makhoni Ntuli
  • Richard Ntuli
  • Tinyiko Nwamitwa-Shilubana
  • Samuel Nxumalo
  • Muntu Nxumalo
  • Archibold Nyambi
  • Lewis Nzimande
  • Daniel Olifant
  • Gaolatlhe Oliphant
  • Gerhardus Oosthuizen
  • Randy Pieterse
  • Mandu Ramakaba-Lesiea
  • Mawalal Ramgobin
  • Dorothy Ramodibe
  • Cecilia Ramotsamai
  • Solomon Rasmeni
  • Lanval Reid
  • Ebrahim Saloojee
  • Johannes Schippers
  • Gregory Schneemann
  • Emanuel Schoeman
  • Mokgothu Seadimo
  • Molefi Sefularo
  • Priscilla Sekgobela
  • Cornelia September
  • Susan Shabangu
  • Mtikeni Sibande
  • Jonas Sibanyoni
  • Sipho Siboza
  • Mdumiseni Sikakane
  • Lindiwe Sisulu
  • Dumisani Sithole
  • Windvoël Skhosana
  • Zola Skweyiya
  • Vincent Smith
  • Bangilizwe Solo
  • Gassan Solomon
  • Mzunani Sonto
  • Jabu Sosibo
  • Makhotso Sotyu
  • Mohamed Surty
  • Barbara Thomson
  • Bulelwa Tinto
  • Manana Tlake
  • Lekoba Tolo
  • Solomon Tsenoli
  • Pamela Tshwete
  • Randall Van Den Heever
  • Annelizé Van Wyk
  • Sifanelo Vundisa
  • Chris Wang
  • Everson Xolo
  • Lumka Yengeni
  • Langa Zita
-
1
  • Johannes Phungula
  Democratic Alliance (DA)
22
12
  • Johannes Blanché
  • Willem Doman
  • Roy Jankielsohn
  • Ryno King
  • Leslie Labuschagne
  • James Masango
  • Karel Minnie
  • Adriaan Nel
  • Sydney Opperman
  • Mohammed Sayedali-Shah
  • Marius Swart
  • Salomon Van Dyk
1
  • Wetsho'Tsile Seremane
  Inkatha Freedom Party (IFP) -
12
  • Mfuniselwa Bhengu
  • Inka Mars
  • Mangaqa Mncwango
  • Alfred Mpontshane
  • Ruth Rabinowitz
  • Usha Roopnarain
  • Sybil Seaton
  • Mabalana Sibuyana
  • Peter Smith
  • Jacobus Van Der Merwe
  • Constance Zikalala
  • Nhlahla Zulu
-
  African Christian Democratic Party (ACDP) -
4
  • Hendry Cupido
  • Louis Green
  • Kenneth Meshoe
  • Steven Swart
-
  Freedom Front Plus (FF+) -
4
-
  Independent Democrats (ID) -
3
  • Vincent Gore
  • Lance Greyling
  • Avril Harding
-
  Pan Africanist Congress of Azania (PAC) -
2
  • Nelson Godi
  • Salzwedel Pheko
-
  United Democratic Movement (UDM) -
2
  • Nonhlanhla Nkabinde
  • Sylvia Sigcau
-
  New National Party (NNP) -
1
  • Stanley Simmons
-
  United Christian Democratic Party (UCDP) -
1
  • Bafitlhile Pule
-
Total229412
28 November 2006 vote in the National Council of Provinces[25]
PartyVoted forVoted againstAbstained
  African National Congress (ANC)
33
  • Freddie Adams (Western Cape)
  • Danie Botha (Limpopo)
  • Beauty Dlulane (Eastern Cape)
  • Dumisane Gamede (KwaZulu-Natal)
  • Motsamai Goeieman (Northern Cape)
  • Peggy Hollander (Northern Cape)
  • Zolile Kolweni (North West)
  • Elisa Mabe (Free State)
  • Novello Mack (Western Cape)
  • Nomopo Madlala-Magubane (Gauteng)
  • Atwell Manyosi (Eastern Cape)
  • Joyce Masilo (North West)
  • Helen Matlanyane (Limpopo)
  • Faith Mazibuko (Gauteng)
  • Buti Mkhaliphi (Mpumalanga)
  • Dickson Mkono (Eastern Cape)
  • Mathupa Mokoena (Limpopo)
  • Abram Moseki (North West)
  • Zwelifile Ntuli (KwaZulu-Natal)
  • Florence Nyanda (Mpumalanga)
  • Mildred Oliphant (KwaZulu-Natal)
  • Tutu Ralane (Free State)
  • Marius Robertsen (Eastern Cape)
  • Tsietsi Setona (Free State)
  • Sicelo Shiceka (Gauteng)
  • Joel Sibiya (Limpopo)
  • Elliot Sogoni (Gauteng)
  • Mohamed Sulliman (Northern Cape)
  • Reseriti Tau (Northern Cape)
  • Malesane Themba (Mpumalanga)
  • Bagudi Tolo (Mpumalanga)
  • Cornelis Van Rooyen (Free State)
  • Victor Windvoël (Mpumalanga)
1
-
  Democratic Alliance (DA)
5
-
  Inkatha Freedom Party (IFP) -
1
-
  United Democratic Movement (UDM) -
1
-
  Independent Democrats (ID) - -
1
  Freedom Front Plus (FF+) -
1
-
  United Christian Democratic Party (UCDP) -
1
-
  United Independent Front (UIF) -
1
-
Total36111

The bill was hailed by gay and liberal activists as another step forward out of the country's apartheid past, while at the same time some clergy and traditional leaders described it as "the saddest day in our 12 years of democracy." Islamic leader Sheikh Sharif Ahmed called the bill a "foreign action imposed on Africa".[26][27]

The first couple to wed, Vernon Gibbs and Tony Halls, did so in George, the following day, 1 December 2006. They encountered no problems, and a second couple married later that day in the same location.[28] In 2013, South Africa's first traditional same-sex wedding was held for Tshepo Cameron Modisane and Thoba Calvin Sithole in KwaDukuza, KwaZulu-Natal.[29]

In October 2020, the Department of Home Affairs confirmed that it plans to introduce a new draft marriage policy in South Africa, reconciling the diverse marriage laws into a single piece of legislation "that will enable South Africans of different sexual orientation, religious and cultural persuasions to conclude legal marriages", but indicated that the process had been delayed due to the COVID-19 pandemic.[30] In January 2021, the South African Law Reform Commission issued a 300-page discussion paper, offering a number of proposals and alternatives. The commission has called for public comments on its discussion paper.[31] The proposed changes include reforms introducing a default property system, as spouses who have not entered into a formal marriage have no statutory rights to share in property which was amassed during the relationship,[32] as well as the legalisation of polyandry.[33] A draft bill was published in the Government Gazette on 7 July 2023, after being approved by the Cabinet. The period for written submission was open until 31 August 2023.[34]

Law

Same-sex sexual activity legal
  Same-sex marriage
  Limited recognition (foreign residency rights)
  No recognition of same-sex couples
Same-sex sexual activity illegal
  Prison but not enforced
  Prison
  Death penalty on books but not enforced
  Enforced death penalty

Three laws currently provide for the status of marriage in South Africa. These are the Marriage Act (Act 25 of 1961), which provides for civil or religious opposite-sex marriages; the Recognition of Customary Marriages Act (Act 120 of 1998), which provides for the civil registration of marriages solemnised according to the traditions of indigenous groups; and the Civil Union Act (Act 17 of 2006),[lower-alpha 1] which provides for opposite-sex and same-sex civil marriages, religious marriages and civil partnerships. A person may only be married under one of these laws at any given time.

Couples marrying in terms of the Civil Union Act may choose whether their union is registered as a marriage or a civil partnership. In either case, the legal consequences are identical to those of a marriage under the Marriage Act, except for such changes as are required by the context. Any reference to marriage in any law, including the common law, is deemed to include a marriage or civil partnership in terms of the Civil Union Act; similarly, any reference to husband, wife or spouse in any law is deemed to include a reference to a spouse or civil partner in terms of the Civil Union Act.

Restrictions

The parties to a marriage or civil partnership must be 18 or older and not already married or civilly partnered. The prohibited degrees of affinity and consanguinuity that apply under the Marriage Act also apply under the Civil Union Act;[35] thus a person may not marry his or her direct ancestor or descendant, sibling, uncle or aunt, niece or nephew, or the ancestor or descendant of an ex-spouse.[36]

The Recognition of Customary Marriages Act, 1998 allows, in limited circumstances, a man to marry multiple wives. A person married under the Civil Union Act may not enter into marriage with a second partner until the existing marriage is dissolved.

Solemnisation

A same-sex marriage in Langebaan, 2007

Marriages and civil partnerships must be solemnised by an authorised marriage officer. Government officials (primarily magistrates and Home Affairs civil servants) who are appointed as marriage officers under the Marriage Act are also able to solemnise marriages in terms of the Civil Union Act. Religious leaders may also be appointed as marriage officers under the Civil Union Act, but religious leaders appointed under the Marriage Act are not automatically able to solemnise marriages in terms of the Civil Union Act.

Originally, government marriage officers who had an objection of conscience to solemnising same-sex marriages or civil partnerships were exempted from doing so if they noted their objection in writing to the Minister of Home Affairs. This provision did not apply to religious marriage officers because they are in any case not obliged to solemnise a marriage that would violate the doctrines of their religion. Several constitutional scholars argued that this provision was unconstitutional, calling it "state-sanctioned discrimination" in violation of the right to equality.[37][38] In July 2017, more than a decade after same-sex marriage was legalised in South Africa, LGBT newspaper Mambaonline reported that 421 (out of 1,130) marriage officers in South Africa were exempt from performing same-sex marriages or civil partnerships,[39] mostly in the Eastern Cape, the Free State and Mpumalanga. A bill to repeal the exemption was introduced by MP Deidre Carter in January 2018. The bill was amended in Parliament to allow officials who previously did not marry same-sex couples to continue doing so for two years. This gave the Ministry of Home Affairs time to implement the new policy. New officials, however, cannot opt out at all for any time. If a branch had an official opting out for the two-year period, they had to have another official available who could perform the marriage. The measure passed the National Assembly on 6 December 2018 and the National Council of Provinces on 1 July 2020. It was signed into law by President Cyril Ramaphosa on 22 October 2020 as the Civil Union Amendment Act, 2020.

Discrimination

Discrimination against same-sex couples is prohibited (as is all discrimination on the basis of sexual orientation) by section 9 of the Constitution and by the Promotion of Equality and Prevention of Unfair Discrimination Act.

Recognition of foreign unions

The Civil Union Act makes no explicit provisions for the recognition of foreign same-sex unions. As a consequence of the extension of the common-law definition of marriage, and based on the principle of lex loci celebrationis, a foreign same-sex marriage is recognised as a marriage in South African law. However, the status of foreign forms of partnership other than marriage, such as civil unions or domestic partnerships, is not clear. In a 2010 divorce case, the Western Cape High Court recognised the validity of a British civil partnership as equivalent to a marriage or civil partnership in South African law.[40]

Criticism of the focus on same-sex marriage

Constitutional scholar Pierre de Vos has questioned the notion that the legalisation of same-sex marriage in South Africa represents the pinnacle of the human rights struggle of members of the LGBT community. He argues that those who are not involved in long-term monogamous relationships and those who cannot come out of the closet and get married because of the threat of victimisation may not see any benefit from the legislation.[41]

Religious performance

Most major religious organisations in South Africa do not perform same-sex marriages in their places of worship. Religious institutions are not obliged to solemnise a marriage that would violate the doctrines of their faith.

Dutch Reformed Church

In 2015, the General Synod of the Dutch Reformed Church voted by a 64% majority to recognise same-sex marriages, bless the relationships of same-sex couples and allow gay ministers and clergy (who are not required to be celibate). The decision applies to 9 of the 10 synods; with the Namibia Synod being excluded.[42] The decision caused backlash and objections, resulting in it being reversed a year later. A dozen church members subsequently took the denomination to court to restore the 2015 decision. In 2019, the North Gauteng High Court reversed the decision, ruling that while religious organizations have the religious freedom to define marriage the 2016 decision was not made in accordance with the church's own proper process.[43][44] Individual pastors are free to choose whether to bless same-sex marriages; a freedom of conscience clause allows pastors with objections to opt out of performing same-sex weddings.

Anglican Church of Southern Africa

The Anglican Church of Southern Africa does not permit same-sex marriages. Its marriage policies state that "holy matrimony is the lifelong and exclusive union between one man and one woman". In 2016, the synod voted against blessing same-sex unions. The decision split the church, with several dioceses deciding to nonetheless proceed with the blessing of same-sex relationships, notably the Diocese of Saldanha Bay.[45][46] Archbishop Thabo Makgoba expressed disappointment with the decision not to bless same-sex unions, but added that "all is not lost", expressing hope that the matter would be debated again in the future. Former Archbishop Njongonkulu Ndungane also expressed his disappointment with the decision.[47] In early 2023, the church once again refused to allow its clergy to bless same-sex unions, but directed the synod to develop "guidelines for providing pastoral ministry to those in same-sex relationships".[48]

Former Archbishop Desmond Tutu supported the blessing of same-sex unions. His daughter, Mpho Tutu van Furth, married her partner Marceline van Furth, a Dutch professor of medicine, in the Netherlands in 2015. Shortly after the marriage, her license as a priest was withdrawn.[49][50]

The Anglican Diocese of Cape Town passed a resolution in 2009 to give pastoral guidelines to same-sex couples who live in "covenanted relationships". The resolution agreed to affirm "a pastoral response to same-sex partnerships of faithful commitment in our parish families."[51]

Uniting Reformed Church in Southern Africa

The Uniting Reformed Church in Southern Africa consists of seven regional synods. In October 2018, the southern synod, covering most of Gauteng and parts of Mpumalanga, voted to allow its clergy to perform same-sex marriages, polygamous marriages and ordain openly LGBT ministers.[52]

Statistics

According to the South African Government, over 3,000 same-sex couples had married in South Africa by mid-2010.[53] Statistics South Africa reported that a total of 3,327 marriages and civil partnerships were registered under the Civil Union Act up to the end of 2011; however, this figure only reflects marriages in which at least one of the spouses is a South African citizen or permanent resident.[54][55][56][57][58][59] Furthermore, not all marriages under the Civil Union Act are between partners of the same sex, though most opposite-sex couples continue to marry under the Marriage Act, 1961.

The Statistics South Africa data are further broken down by province and year; they show that the majority of same-sex marriages were registered in Gauteng and the Western Cape.

Province200720082009201020112012201320142015201620172018201920202021Total
Eastern Cape04130242938375449575758644853639
Free State12320262827213241364246483250473
Gauteng493623243913814254114524434945076327796591,1937,502
KwaZulu-Natal87487796391811612202492452982161682092,249
Limpopo01510107136101617151323516176
Mpumalanga371111161216924223231282326271
North West2659311102825294340412244318
Northern Cape11143759310687811015162018620602
Western Cape161912272612382533203143463583914654434345534,810
Outside South Africa023291143443260457
Unspecified000000007506451057472359
Total807327608888679879931,1441,1851,3311,3571,6501,7711,4712,24017,456

Lonely Planet has named Cape Town (in the Western Cape) one of the world's top 10 "gay wedding destinations".[60]

Public opinion

A 2014 survey found that voters from the Economic Freedom Fighters (EFF) were the most supportive of same-sex marriage, followed closely by voters from the Democratic Alliance (DA) and the African National Congress (ANC).[61]

A 2015 Ipsos poll found that 45% of South Africans supported same-sex marriage, while a further 13% supported civil unions or another form of legal recognition.[62]

A report conducted by the Human Sciences Research Council on behalf of The Other Foundation was described by some media outlets as the first "statistically sound, nationally representative data" on LGBT issues in Africa. The report found that the proportion of those who "strongly agree" with same-sex marriage had increased tenfold from 2012 to 2015, from 1.5% to 9.9%, while the proportion of people "strongly disagreeing" dropped from 48.5% to 23.4%. The total of "agree" and "strongly agree" making 36.6% (13.5% in 2012), while the "disagree" and "strongly disagree" totaled 46% (78.5% in 2012), the remaining being undecided or neutral.[63]

A September–October 2016 survey by the Varkey Foundation found that 54% of 18–21-year-olds supported same-sex marriage in South Africa.[64]

A May 2021 Ipsos poll showed that 59% of South Africans supported same-sex marriage, 12% supported civil partnerships but not marriage, while 15% were opposed to all legal recognition for same-sex couples, and 14% were undecided. In addition, 18% of South Africans had already attended the wedding of a same-sex couple.[65]

A Pew Research Center poll conducted between February and May 2023 showed that 38% of South Africans supported same-sex marriage, 58% were opposed and 4% did not know or refused to answer. When divided by age, support was highest among 18–39-year-olds at 41% and lowest among those aged 40 and above at 34%.[66]

See also

Notes

  1. In the official languages of South Africa:
    • Zulu: uMthetho wokuHlanganiswa kwaBantu ngokoBuhlobo, pronounced [úm̩̀ˈtʰêːtʰò wòɠúɬàŋàˈníːswà ɠwàˈɓáːntù ŋòɠòɓúˈɬɔ̀ːɓò]
    • Xhosa: uMthetho woMtshato waBantu beSini esiFanayo
    • Afrikaans: Wet op Burgerlike Verbintenisse, pronounced [vɛt ɔp ˈbœrχərləkə fərˈbəntənəsə]
    • Northern Sotho: Molao wa Kopantšho ya baratani ya Semolao
    • Tswana: Molao wa Dikgolagano tsa Selegae
    • Sotho: Molao wa Dikopanelo tsa Mmuso
    • Tsonga: Nawu wa Vukati bya Vaaki
    • Swazi: uMtsetfo Wemshado Wasehhovisi Lahulumende
    • Venda: Mulayo wa u Ṱanganyiswa
    • Southern Ndebele: mThetho wobuLili buNye

References

  1. "Same-Sex Marriage Around the World". Pew Research Center. 17 May 2019. Archived from the original on 30 June 2017. Retrieved 23 May 2019.
  2. Van Zyl M"journal of social Issues, Vol 67, No 2" 2011 University of Stellenbosh 335
  3. Du Bois, François, ed. (2007). Wille's principles of South African law (9th ed.). Cape Town: Juta & Co. pp. 367–369. ISBN 978-0-7021-6551-1.
  4. "High Court dismisses gay marriage bid". Mail & Guardian. 2002. Archived from the original on 23 March 2017. Retrieved 3 July 2011.
  5. Fourie and Another v Minister of Home Affairs and Another [2002] ZAGPHC 1 (18 October 2002), Transvaal Provincial Division (South Africa)
  6. "Constitutional Court dismisses lesbian couple's application". Sapa. 31 July 2003. Archived from the original on 27 September 2011. Retrieved 5 July 2011.
  7. Fourie and Another v Minister of Home Affairs and Another [2003] ZACC 11, 2003 (10) BCLR 1092 (CC), 2003 (5) SA 301 (CC) (31 July 2003), Constitutional Court (South Africa)
  8. "SA ruling 'may allow gay unions'". BBC News. 30 November 2004. Archived from the original on 29 March 2019. Retrieved 6 July 2011.
  9. "South African ruling paves way for gay marriage". ABC News Online. AFP. 30 November 2004. Archived from the original on 10 October 2009. Retrieved 6 July 2011.
  10. Fourie and Another v Minister of Home Affairs and Another [2004] ZASCA 132, 2005 (3) BCLR 241 (SCA), 2005 (3) SA 429 (SCA) (30 November 2004), Supreme Court of Appeal (South Africa)
  11. "Media Summary: Minister of Home Affairs and Another v Fourie and Another, Lesbian and Gay Equality Project and Eighteen Others v Minister of Home Affairs and Others" (PDF). Constitutional Court of South Africa. 1 December 2005. Archived (PDF) from the original on 5 March 2016. Retrieved 6 July 2011.
  12. Minister of Home Affairs and Another v Fourie and Another [2005] ZACC 19, 2006 (3) BCLR 355 (CC), 2006 (1) SA 524 (CC) (1 December 2005), Constitutional Court (South Africa)
  13. Quintal, Angela (25 August 2006). "Same-sex marriages bill tabled in parliament". Independent Online. Archived from the original on 26 September 2015. Retrieved 6 July 2011.
  14. "Separate law on marriage is apartheid". Independent Online. 7 September 2006.
  15. "Thousands Protest Against South African Gay Marriage Bill". 365gay.com. 17 September 2006. Archived from the original on 11 March 2007. Retrieved 16 October 2009.
  16. "No constitutional amendment on same-sex marriages". South African Broadcasting Corporation. 16 August 2006. Archived from the original on 29 September 2007. Retrieved 16 October 2009.
  17. "Parliamentary committee in South Africa delays decision on civil unions". Pravda. 7 November 2006. Archived from the original on 15 June 2015. Retrieved 14 November 2006.
  18. "Quotes about gay marriage in South Africa". www.southafrica.to. Archived from the original on 26 May 2019. Retrieved 26 May 2019.
  19. "South Africa Gay Marriage Bill Goes To President". 365Gay. 28 November 2006. Archived from the original on 26 September 2007. Retrieved 16 October 2009.
  20. "South Africa Gay Marriage Bill Becomes Law". 365Gay. 30 November 2006. Archived from the original on 10 December 2006. Retrieved 16 October 2009.
  21. "Green light for gay marriages". iafrica.com. 14 November 2006. Archived from the original on 28 December 2007. Retrieved 16 October 2009.
  22. "South Africa passes same-sex marriage bill". Canadian Broadcasting Corporation. 14 November 2006. Archived from the original on 26 December 2007. Retrieved 14 November 2006.
  23. Nullis, Clare (14 November 2006). "South Africa Parliament OKs Gay Marriage". redOrbit. Associated Press. Archived from the original on 11 September 2012. Retrieved 16 October 2009.
  24. "Tuesday, 14 November 2006. Proceedings of the National Assembly". Archived from the original on 26 May 2019. Retrieved 26 May 2019.
  25. "Tuesday, 28 November 2006. Proceedings of the National Council of Provinces". Archived from the original on 26 May 2019. Retrieved 26 May 2019.
  26. "South Africa to legalize gay marriage". NBC News. Associated Press. 14 November 2006. Archived from the original on 2 May 2014. Retrieved 16 October 2009.
  27. Macanda, Phumza (15 November 2006). "Africans cheer, condemn SA same-sex marriage Bill". Mail & Guardian. Archived from the original on 24 February 2019. Retrieved 16 October 2009.
  28. "Gay couple tie the knot in a first for South Africa". PlanetOut. Associated Press. 1 December 2006. Archived from the original on 5 January 2007. Retrieved 16 October 2009.
  29. "Traditional gay wedding makes history". eNCA. 7 April 2013. Archived from the original on 28 April 2021. Retrieved 29 May 2020.
  30. "How government wants to change marriage laws in South Africa". Business Tech. 23 February 2021. Archived from the original on 25 February 2021. Retrieved 24 February 2021.
  31. "Discussion Paper 152 - Single Marriage Statute" (PDF). South African Law Reform Commission. January 2021. Archived (PDF) from the original on 28 April 2021. Retrieved 24 February 2021.
  32. "Marriage, divorce and property changes being considered for South Africa". Business Tech. 24 November 2021. Archived from the original on 9 December 2021. Retrieved 9 December 2021.
  33. Rahim, Zamira (28 June 2021). "South Africa is considering letting women have multiple husbands. Conservatives aren't happy". CNN. Archived from the original on 9 December 2021. Retrieved 9 December 2021.
  34. "South Africa's new equal Marriage Bill has been published". Mamba Online. 12 July 2023.
  35. Civil Union Act 17 of 2006, s. 8(6).
  36. Himonga, Chuma (2007). "Part II: Persons and Family". In du Bois, François (ed.). Wille's Principles of South African Law (9th ed.). Cape Town: Juta & Co. pp. 243–244. ISBN 978-0-7021-6551-1.
  37. de Vos, Pierre (June 2008). "A judicial revolution? The court-led achievement of same-sex marriage in South Africa". Utrecht Law Review. 4 (2). Archived from the original on 15 April 2012. Retrieved 31 December 2011.
  38. Bonthuys, Elsje (2008). "Irrational accommodation: conscience, religion and same-sex marriages in South Africa". South African Law Journal. 123 (3). Archived from the original on 19 September 2016. Retrieved 31 December 2011.
  39. Home Affairs minister rejects call to amend discriminatory Civil Union Act Archived 16 November 2018 at the Wayback Machine Mambaonline
  40. Steyn v Steyn [2010] ZAWCHC 224 (27 October 2010), Western Cape Division (South Africa)
  41. de Vos, Pierre (2007). "The 'inevitability' of same-sex marriage in South Africa's post-Apartheid state". South African Journal on Human Rights. 23 (3): 432–465. doi:10.1080/19962126.2007.11864931. S2CID 218600903. Archived from the original on 12 April 2019. Retrieved 6 July 2012.
  42. "Dutch Reformed Church to recognise gay marriage". enca. 10 October 2015. Archived from the original on 11 April 2019. Retrieved 11 April 2019.
  43. "Dutch Reformed Church's Decision Not To Recognise Gay Marriages Set Aside". Eyewitness News. 8 March 2019. Archived from the original on 11 April 2019. Retrieved 11 April 2019.
  44. "Dutch Reformed Church loses court battle over same-sex unions". enca. 8 March 2019. Archived from the original on 11 April 2019. Retrieved 11 April 2019.
  45. "More ructions in Anglican church over same-sex marriage". Iol.co.za. 16 September 2017. Archived from the original on 11 April 2019. Retrieved 11 April 2019.
  46. Sesant, Siyabonga (1 October 2016). "Anglican revolt on same-sex blessing". Iol.co.za.
  47. "All Are God's Children: On Including Gays and Lesbians in the Church and Society". HuffPost. 11 August 2011. Archived from the original on 11 April 2019. Retrieved 11 April 2019.
  48. "Bishops in Southern Africa agree to prayers but not blessings for same-sex couples". Church Times. 6 March 2023.
  49. "Mpho Tutu: Choosing between the church and being gay". BBC. 9 June 2016.
  50. Kuruvilla, Carol (10 June 2016). "Desmond Tutu's Daughter Lost Her Job After Marrying A Woman". HuffPost.
  51. "Resolution of the Diocese of Cape Town on Ministry to Gays and Lesbians in Covenanted Partnerships". archbishop.anglicanchurchsa.org. Retrieved 30 September 2016.
  52. Jordaan, Nomahlubi (30 October 2018). "Polygamy and gay marriage welcome: Church makes U-turn". TimesLive.
  53. Levin, Dan (27 July 2010). "Awaiting a Full Embrace of Same-Sex Weddings". The New York Times. Archived from the original on 12 April 2019. Retrieved 30 December 2011.
  54. "Statistical release P0307: Marriages and divorces, 2011" (PDF). Statistics South Africa. 10 December 2012. p. 29. Archived (PDF) from the original on 16 May 2018. Retrieved 28 December 2011.
  55. "Statistical release P0307: Marriages and divorces, 2014" (PDF). Archived (PDF) from the original on 18 August 2016. Retrieved 18 July 2016.
  56. "Statistical release P0307: Marriages and divorces, 2015" (PDF). Archived (PDF) from the original on 12 July 2017. Retrieved 9 September 2017.
  57. "Statistical release P0307: Marriages and divorces, 2016" (PDF). Statistics South Africa. Archived (PDF) from the original on 14 November 2018. Retrieved 17 August 2018.
  58. "Statistical release P0307: Marriages and divorces, 2018" (PDF). Statistics South Africa. 25 March 2020. p. 33. Archived (PDF) from the original on 29 March 2020. Retrieved 29 March 2020.
  59. "Statistical release P0307: Marriages and divorces, 2019" (PDF). Statistics South Africa. 18 March 2021. p. 33. Archived (PDF) from the original on 16 April 2021. Retrieved 13 May 2021.
  60. Karla Zimmerman, Top 10 gay wedding destinations Archived 23 November 2018 at the Wayback Machine Lonely Planet, Our top 10 gay wedding destinations are not only gorgeous and romantic, but they also make it easy to get married on-site.
  61. EFF MEMBERS ARE MOST GAY FRIENDLY VOTERS Archived 17 August 2018 at the Wayback Machine, Mambaonline, 29 April 2014
  62. "This Is How Many People Support Same-Sex Marriage in 23 Countries Around The World". BuzzFeed News. Archived from the original on 7 December 2017. Retrieved 29 May 2020.
  63. South Africans are "progressive prudes" when it comes to homosexuality Archived 30 April 2018 at the Wayback Machine Mambaonline, 9 September 2016
  64. Broadbent, Emma; Gougoulis, John; Lui, Nicole; Pota, Vikas; Simons, Jonathan (January 2017). "What The World's Young People Think And Feel" (PDF). Varkey Foundation. Archived (PDF) from the original on 20 August 2019. Retrieved 14 April 2021.
  65. "LGBT+ Pride 2021 Global Survey pointa to a generation gap around gender identity and sexual attraction". Ipsos. New York City. 9 June 2021. Archived from the original on 10 June 2021. Retrieved 16 June 2021.
  66. "How people in 24 countries view same-sex marriage". Pew Research Center. 13 June 2023.
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