South African court affirms same-sex marriage  | News | Advocate.com

Advocate.com health Channel
||  News  ||
 
December 02, 2005
South African court affirms same-sex marriage

South Africa's highest court ruled Thursday that it is unconstitutional to prevent same-sex couples from marrying, paving the way for the country to become the first to legalize same-sex unions on a continent where homosexuality remains largely taboo.

The constitutional court gave parliament a year to make the necessary legal changes, disappointing activists, some of whom have been waiting years to marry. "We were thinking we would be calling our friends today and inviting them to our wedding," said Fikile Vilakazi of the Forum for the Empowerment of Women, who proposed to her partner more than six months ago. "Now they are asking us to wait another year."

South Africa recognized the rights of gay people in the constitution adopted after apartheid ended in 1994—the first in the world to prohibit discrimination on the basis of sexual orientation. But the government has opposed attempts to extend the definition of marriage in court to include same-sex couples in the mostly Christian country.

Married couples have numerous rights still denied gay couples, including the ability to make decisions on each other's behalf in medical emergencies and inheritance rights if a partner dies without a will.

Judge Albie Sachs, who delivered Thursday's ruling, said the common-law and Marriage Act definitions of marriage as a union between a man and a woman "are accordingly inconsistent with sections...of the constitution to the extent that they make no provision for same-sex couples to enjoy the status, entitlements, and responsibilities they accord to heterosexual couples."

The court instructed parliament to extend the definitions within a year, or else the words "or spouse" would automatically be added by the courts, the South African Press Association reported.

Judge Kate O'Regan agreed with the other 10 members of the court that same-sex marriage should be legal but argued in a separate opinion that the court should effect the changes immediately, a view shared by gay rights groups.

Vilikazi expressed concern that lawmakers could attempt to water down the decision by introducing a different category of marriage for same-sex couples. Proposals previously mooted in Parliament include the introduction of civil unions, which would provide the same legal benefits as marriage but would not oblige religious institutions to solemnize them, she told the Associated Press.

But some Christian groups argued that the ruling already goes too far. "South Africa has a very strong traditional and conservative population," said Steven Swart, spokesman for the tiny African Christian Democratic Party. "We as Christian democrats believe we should treat all people with compassion, but there are certain guidelines that we stand by: Marriage is a union between a man and woman."

Rhema Church pastor Ray McCauley said, "It is a sad day for South Africa when the very bedrock foundation of society, the family, is redefined by a court. We believe that the majority of South Africans do not agree with this decision."

Thursday's ruling was in response to an appeal by the government against a supreme court ruling last year that said a lesbian couple's union should be recognized. There was no immediate comment on the decision from the government.

Marie Fourie and Cecelia Bonthuys, a couple from Pretoria, brought the original application after the government refused to recognize their October 2002 wedding on the basis of the common-law definition of marriage. They were not present in court Thursday. (AP)

© 2008 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Reader Comments

These comments are reproduced as written by visitors to this Web site. They have not been edited for content, grammar, or spelling. The viewpoints appearing here are those of the writer, and do not necessarily reflect the opinion or views of advocate.com, The Advocate, or its affiliates.

Be the first to comment on this story.

Back to top

Submit a comment for this story:

*Type your comment here (Required, 1000 characters max.):

*Name (Required): 

*Hometown (Required): 

*E-mail address: (Required, but will not be displayed)

Is this comment for publication? 
Yes   No

Daytime phone number: (Required for print publication only and will not be displayed)

Please enter the words you see in the box, in order and separated by a space. Doing so helps prevent automated programs from abusing this service.

  

If you would like to submit a comment for posting, please fill out the form above. 

All comments submitted via this form are subject to posting or publication. (To send a private letter to an Advocate editor or writer, please use the e-mail button at the top of the page, or use snail mail.) If you would like your comment considered for publication in The Advocate magazine, please include your full name, your city of residence, and a phone number where you can be reached during business hours so that we can confirm your identity. Your e-mail address and telephone number are strictly confidential and will not be shared or used for any purpose other than to contact you about your comment.

Comments that do not concern specific articles in The Advocate or on Advocate.com will not be posted or published. See the Contact page for sending comments for reasons other than responding to Advocate editorial and news stories.

Please note that comments sent by fax or snail mail are unlikely to be posted, although they will be considered for publication along with all letters received via e-mail or via this Web page. Comments that chiefly concern Advocate.com content will be considered for posting only on the Web site. The Advocate reserves the right to edit submitted comments for grammar, spelling, obscenities, or libel; we will, however, do our best to preserve the original comment's style and intent. Comments considered for publication in The Advocate magazine may also be edited for length.

More Exclusives
  • Chevy Volt: The Jolt GM Needs?
    Launching a new vehicle while the American auto industry is asking Congress for a $25 billion bailout might seem like illogical timing, but for General Motors and the people behind Chevy Volt, it’s essential. With their backs against the wall, GM is rolling out their much-anticipated first plug-in electric vehicle -- and focusing their marketing efforts on the gay community.
  • Dr. Phil Weighs in on Prop. 8
    Advocate.com gets an early peek at a very heated episode of Dr. Phil. Gavin Newsom, HRC's Joe Solmonese, and L.A. attorney Gloria Allred face off against Prop. 8 supporters to talk same-sex marriage. In what may well be a first, Dr. Phil told the audience he would be keeping his opinions to himself.
  • An Unpopular Opinion: Blacks, Gays, and Prop. 8
    The injection of race into the analysis of Proposition 8's passage is extremely disappointing. A battle for equal rights has now turned into an issue of whites versus blacks. But while some black gays gay think marriage shouldn't be a priority and that outreach to African-Americans should have been stronger, journalist Clay Cane says he has a vested interest in inequalities related to both race and sexual orientation ... and he doesn't need someone to hold his hand into believing marriage equality is important.
  • Politics and Progress With Patti LaBelle
    The last time girl-group Labelle dropped an album, the thought of a black president or same-sex marriage seemed as “far-out” as the band’s disco-spacewoman suits and fusion of disco, rock, and soul. But the button-pushing, soul-singing trio has reunited, and on the heels of Prop. 8 passing and Barack Obama being elected president, Patti LaBelle talks to The Advocate about the mix of emotions she's dealt with over the past few weeks.
  • Seth Meyers's Big Gay Saturday Night
    SNL funnyman Seth Meyers talks to Advocate.com about last week's episode of Saturday Night Live -- the gayest episode in the history of the show, by some accounts. With touches including Justin Timberlake as Beyoncé's backup dancer and Snagglepuss crashing Weekend Update, it caused some bloggers to take offense ... but Meyers says it's just the sort of stuff that stemmed from many discussions about Prop. 8.
  • All Hands, Black and White, On Deck
    The high number of African-Americans who voted to pass Proposition 8 may have surprised some people, but not the folks at the National Black Justice Coalition, a civil rights organization dedicated to empowering black LGBT Americans. NBJC's CEO offers some insights about the black-white divide and how to mend it going forward.
  • Setting the Agenda ... the Gay One
    COMMENTARY: Prior to the election of Barack Obama, the gay rights agenda risked becoming nothing more than a wish list. But after nearly 30 years during which no major piece of gay rights legislation has been passed by both houses of Congress and signed by the president, it is time to make a a real push for true equality. Our time at the back of the bus must end. Now.
  • Survival of the Fittest
    Fallout 3 for Xbox 360 takes players on a pulse-pounding ride through postapocalyptic Washington, D.C.
  • Oscar-Winning Director Rob Epstein Remembers Harvey Milk
    When Rob Epstein released his 1984 documentary The Times of Harvey Milk, it didn’t simply serve as a memorial to Milk -- it gave him new life. For more than two decades, filmmakers have tried to turn Milk's life into a major motion picture. Screenwriter Dustin Lance Black and Gus Van Sant finally made it work, and Epstein, who calls the film "beautiful," takes a look back at the man who inspired a movement and what's become of California's gay community without him.
  • Building Bridges in the Wake of Prop. 8
    In the wake of finger-pointing following California's passing of Prop. 8, television writer and producer Tajamika Paxton suggests the time has come to build a bridge between the LGBT and African-American communities -- to engage in discussion rather than looking for somewhere to place blame.
  • Without Her We're Nothing
    The legendary Sandra Bernhard sits down with The Advocate before the one-night-only revival of her seminal one-woman show Without You I'm Nothing in Los Angeles to discuss Tori Amos, why Prop. 8 is "the best thing that could happen to the gay community," and how she she could possibly love both Rachel Maddow and Rachel Zoe.
  • Carmen Finds Her Spotlight
    It’s not very often that a lowly music critic gets the privilege of witnessing a glowing performance by a major new talent at the beginning of his or her career, but that is certainly what happened to yours truly on the evening of November 15 at the Los Angeles Opera. Viktoria Vizin, an astounding new mezzo-soprano making her L.A. Opera debut as Carmen this season, took my breath away.
  • Connecticut Gets Married
    This weekend, all 50 states participated in protests against the passing of antigay legislation in California, Arizona, Arkansas, and Florida. Gays and lesbians in Connecticut protested too, but they also had reason to celebrate. Last week, same-sex marriages got under way throughout the state.
  • Gay Is the New Black?
    In the wake of California’s passage of Proposition 8, protests are popping up around the country -- and so are comparisons between gays’ and African-Americans’ fights for equality. Is gay the new black? Michael Joseph Gross examines two struggles for civil rights. Plus: Photos from Wednesday night's rally in New York City.
  • The Day in Pictures
    From coast to coast, from gay to straight, from Pink to Mormon moms--a national movement to protest the passing of Prop. 8 in California rises up.
  • Smart Money
    In a time of economic calamity, one voice rises above the panic. Suze Orman is here to help -- she's offered her will and trust kit free to Advocate readers. Click the story for more info.
  • David Hyde Pierce is Gay, Married ... and Marching Against Prop. 8
    As Dr. Niles Crane on the hit sitcom Frasier, David Hyde Pierce had a great deadpan. That also extended to his own life: For years he wouldn’t confirm or deny being gay. Since then he thawed enough to thank his longtime partner, Brian Hargrove, in his 2007 Tony Award acceptance speech. And on Saturday, Pierce was one baseball-capped protester among maybe 20,000 others marching for equality in Los Angeles.
  • Gearing Up
    From Long Beach to Toronto, activists begin to prepare for a weekend of protest -- including the "Raging Grannies" in Palo Alto. See it all come together.
  • Best of Times, Worst of Times
    In the week after Barack Obama’s historic victory, gays and lesbians are pondering another historic, albeit less victorious, moment of their own. Three anti-gay marriage propositions passed -- in Florida, Arizona, and California. In Arkansas gay people were barred from adopting children. Now the real fight begins.