EDITORIAL: GAY MARRIAGES NIXED?

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According to an article in the Sunday Times this weekend, the South African government has caved in to religious conservatives and nixed the idea of same-sex marriage, opting for watered-down ‘civil unions’ instead.

This means that gays and lesbians will not be able to marry in the same way that heterosexual couples do, although they may have similar rights to these couples.

The move comes as a surprise to activists and ordinary lesbians and gays who had expected the government to alter the existing Marriage Act to allow for same-sex couples to marry under that act by the end of the year.

Instead, the government – under pressure from religious and political conservatives – will shortly table a bill to parliament which is aimed at creating laws that will allow for civil unions for same-sex couples. These civil unions will grant these couples the same or similar rights to those held by married couples.

The news contradicts a statement on 24 August by Government spokesman Themba Maseko, who said that, “Basically (the bill) will legalise same-sex marriage in compliance with the constitutional court ruling”.

While the expected change to the Marriage Act would not have compelled any religious institution to perform same-sex marriages if it chose not to, the legalisation of same-sex marriage has consistently come under fire by conservative and religious groups. The Sunday Times quoted a Department of Home Affairs spokesperson as saying that the change in strategy was made due to “response to pressure from church, traditional and other conservative leaders”.

A group called the Marriage Alliance has strongly opposed same-sex marriage and is organising protest marches around the country on the 16th of September. The marches are set to take place in Pretoria, Johannesburg, Bloemfontein, Port Elizabeth and Cape Town.

Dawie Nel from Pretoria based LGBTI activist group OUT, says that the concept of civil unions does “extend legal protection to the community but it doesn’t go far enough.” He says that there are specific items in the draft bill, which has not yet been made public, that are problematic.

While the bill might appear to be a reasonable compromise to many, it blatantly contradicts the spirit of the Constitutional Court judgment last year which compelled the government to legalise same-sex marriage by the end of the year.

We should not accept remaining second class citizens to appease religious interests and institutionalised bigotry

“Marriage does have a certain higher status in society in terms of validation to a relationship,” says Nel, adding that the proposed bill classifies gays and lesbians as “second class citizens”. This is perhaps the most offensive aspect of the bill.

The bill is demeaning to gays and lesbian, says Nel, – leading to an “us and them” status quo – implying that this community’s relationships are still not equal enough to be classified as marriage. Some activists have even compared it to the Apartheid system which sought to create separate – supposedly equal – systems of life according to race. They have also questioned the constitutionality of the move. In fact it seems likely that should the bill become law, it would be challenged in the Constitutional Court.

The bill is in draft form, but is expected to go before parliament in about two weeks. The Department of Home Affairs says that when the bill is made public, interested parties will then have an opportunity to comment on it.

OUT says that it is working on a comprehensive public submission, and expects others that form part of the Joint Working Group (JWG) – a coalition of South African LGBTI activist and support groups – to do the same. “We will oppose it”, says Nel.

The JWG will shortly be launching a letter-writing and petition campaign for members of the community to actively play a role in challenging the new bill. The campaign will provide the key points as to why the bill should be rejected. (Click here for more information on how you can play a part in this campaign.)

Nel also revealed that a protest and picketing outside parliament is being planned, as is the possibility of using this year’s Joburg Pride – scheduled for September 30 – as a platform for opposition of the bill.

Mambaonline is committed to seeing the legalisation of same-sex marriage in South Africa and rejects the proposed civil-union bill as insulting to this country’s gays and lesbians. We find it hypocritical that a government that was born out of the struggle against Apartheid should seek to impose a similarly-conceived relationship framework for our community.

The government has made a mockery of its principles and the constitution through this action. We should not accept remaining second class citizens to appease religious interests and institutionalised bigotry; that after all is the promise of our constitution. This right to equality – about which we have become increasingly complacent – appears to be one that we will have to continue to fight for.

To view the proposed bill, click here (PDF document).

Click here for more information on how you can play a part in the letter-writing and petition campaign.

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