Sep 08, 2006Articles: South Africa Gay Marriage Bill refused approval byadvisory board
By VZ
(Pretoria, South Africa) A legal advisory board to the South African government is refusing to give its approval to legislation giving same-sex couples the right to marry and allowing gay and non gay couples who do not wish to marry the right to register their relationships.
(Pretoria) A legal advisory board to the South African government is refusing to give its approval to legislation giving same-sex couples the right to marry and allowing gay and non gay couples who do not wish to marry the right to register their relationships.
The State Law Adviser, which the government usually submits bills to before they go to Parliament said the legislation may not meet all of the requirements of last year's Constitutional Court ruling that ordered the government to remove restrictions barring gay and lesbian couples from marrying.
The SLA declined to give an opinion on the constitutionality of the bill but said it had concerns that the legislation would be a separate act rather than amendments to existing laws. It also said it was worried about a provision in the bill allowing civil marriage officials the right to refuse to solemnize same-sex unions on the grounds of conscience. And it said that the partner registry also was a concern.
None of those aspects were contained in the original court ruling.
Some LGBT rights groups also expressed misgivings about the way the government intends to implement the court order calling the separate legislation "apartheid".
Conservative groups, meanwhile, also are voicing their opposition to the measure. They've announced plans to hold mass demonstrations across the country calling for a constitutional amendment to bar same-sex marriage. (story)
Home Affairs Minister Nosiviwe Mapisa-Nqakula said the government will still proceed with the legislation despite the concerns.
The government has planned public consultation hearings on the legislation set to begin this month. Mapisa-Nqakula said concerns could be voiced at the hearings and the bill could be amended in committee.
She said that the government still believes it can have the bill passed to meet the December deadline imposed by the court.
Whatever happens in Parliament it is virtually impossible to prevent same-sex marriage to become legal by the end of the year.
Last December the Constitutional Court, the highest court in South Africa, ruled that it is unconstitutional to deny gay and lesbian couples the right to marry. (story)
The court ordered Parliament to amend marriage laws within 12 months. If it fails to act within that timeframe, the court said the ruling would automatically change the law to include same-sex unions.
