Gay, Lesbian Groups Welcome Passing of Civil Union Bill in SA

The gay & lesbian community welcomes the National Assembly's decision to pass the legislation that recognises same sex marriages

On Tuesday, the National Assembly passed the Civil Union Bill, which affords gay and lesbian marriages the same rights as heterosexuals.

Approved by 230 votes, the draft law now has to go through the National Council of Provinces (NCOP) before President Thabo Mbeki signs it into law.

This comes after the Constitutional Court's ruling last year against the existing Marriage Act of 1961, saying the law was inconsistent with the Constitution and invalid as it failed to provide the means for gay and lesbian couples to enjoy the same status as heterosexual couples.

The existing Marriage Act only defines marriage as a union between a man and a woman.

The Bill makes provision for both opposite and same sex couples of 18 years or older to solemnise and register a voluntary union by way of either a marriage or a civil partnership.

Advocacy Officer at the OUT Lesbian, Gay, Bisexual and Transgender (LGBS) group Fikile Vilakazi told BuaNews on Wednesday that her organisation welcomed the move.

"It is important to articulate that we are happy with the decision taken by our leadership," Ms Vilakazi said.

She said not being able to marry had been a challenge for the gay and lesbian community.

"Sometimes you build a life with someone, living together, sharing things and suddenly death strikes and you can't inherit any of the things you bought together because you were not recognised as family to that person," she added.

Executive Director at Gender Links Colleen Lowe-Morna described the move as "a major breakthrough for equality in the country."

"We welcome the passing of the legislation. We are pleased that the overwhelming majority of the members of the ruling party voted in favour of the Bill," Ms Lowe-Morna said.

She said however there were still "many inconsistencies" that had to be dealt with regarding the Marriage Act.

Home Affairs Minister Nosiviwe Mapisa-Nqakula told the house on Tuesday the process of law reform, particularly regarding the changing concept of family law in society remained an issue for further engagement.

"We will consider the recognition of religious marriages, revision of the Marriage Act and of course the regulation of domestic partnerships," she said.

In welcoming the passing of the draft law, Ms Mapisa-Nqakula said the decision justified South Africa's democracy; eliminating discrimination in all forms.

She said when the country attained democracy it agreed that no citizen would be discriminated against, regardless of colour, creed, culture and sex.

"In breaking with our past, therefore, we do need to fight and resist all forms of discrimination and prejudice, including homophobia," Ms Mapisa-Nqakula told Parliament.

She said the Bill provided for same-sex couples to be married by civil marriage officers and such religious marriage officers who considered such marriages not to fall outside the tenets of their religion.

"In order to give effect to the Constitutional Court ruling, same sex couples have to be allowed to marry so that they can enjoy the status, obligations and entitlements enjoyed at the moment by opposite sex couples," the Minister said.

Source: By Oupa Segalwe, BuaNews


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