More About South Africa

Some of the news stories on the situation in South Africa miss some of the complexity of the situation there.

Parliament’s action was required by a December 2005 decision of the South Africa Constitutional Court that mandated the government provide a legal status for same-sex couples by December 1, 2006.

On Tuesday, November 14, the government’s Civil Union Bill passed second reading in the Parliament in a 230-41 vote. The bill had been amended just before the vote. As introduced, the bill would have created a civil union status (with all of the incidents of marriage) for same-sex couples with marriage not mentioned. According to the Minister of Health, the new version allows same-sex couples to "solemnise and register a voluntary union by way of either a marriage or a civil partnership." Thus, the current marriage statute is untouched and applies only to opposite sex couples while the new law allows same (or opposite-sex couples) to contract either a marriage or civil partnership. The difference being the source of statutory authority for the marriage to be performed. Interestingly, the legislation also allows government officials (as well as clergy) to refuse to participate in solemnization of the union.

As Maggie noted, the African National Congress, Parliament’s majority party, did not allow its members a free vote so all ANC members who voted did so in favor of the legislation. The National Council of Provinces must now approve the legislation before it can be signed and become law.
posted by William Duncan at 2:31 PM VOTE

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