South Africa Gay Marriage Bill Goes To President

28 Nov 2006- Cape Town, South Africa- A same-sex marriage bill passed South Africa's upper house on Tuesday and headed to the desk of President Thabo Mbeki for signing.

Conservative religious groups and opposition members of Parliament called on Mbeki to veto the legislation but that is considered unlikely with a court ordered deadline to have marriage rights enacted looming.

The Constitutional Court gave the government until Dec. 1 to enact equal marriage rights. 

The measure passed the National Council of Provinces comfortably Tuesday, despite heated debate from the opposition parties and some of Mbeki's own African National Congress party.

"By approving this legislation, this house is at odds with the wishes of a majority of South Africans who have overwhelmingly rejected it," said Inkatha Freedom Party MP Jeanette Vilakazi.

"According to black African culture, the marriage of a male to another male or a female to another female is taboo. It is simply not done lest we infuriate the gods," said Johannes Tlhagale of the United Christian Democratic Party.

The bill passed the lower house earlier this month.

The law will allow the "voluntary union of two persons, which is solemnized and registered by either a marriage or civil union".

The government had originally proposed allowing only civil unions for same-sex couples - something that LGBT rights groups and constitutional law experts said created a "separate but equal" status that would be challenged in the Constitutional Court.

A provision in the new law that allows both civil registrants and churches to refuse to perform same-sex marriage continues to rankle gay groups but overall reaction has been favorable.  

Last year the Constitutional Court ruled that denying same-sex couples the rights of marriage was unconstitutional. It said that if Parliament fails to act by the December deadline the the law automatically be changed to include same-sex unions. But, it gave no specific direction on how the law should be changed. Last year the Constitutional Court ruled that denying same-sex couples the rights of marriage was unconstitutional. It said that if Parliament fails to act by the December deadline the the law automatically be changed to include same-sex unions. But, it gave no specific direction on how the law should be changed.

The case that led to the court ruling was brought by Marie Fourie and Cecilia Bonthuys, who have been partners since 1994 but were unable to marry. Seven other same-sex couples later joined the case.

In 2004 the Supreme Court of Appeal ruled that the definition of marriage as being between a man and a woman discriminated unfairly against same-sex couples, and that common law should be developed to take this into account.

The government appealed the ruling to the Constitutional Court arguing that the appeal court violated the rule of the separation of powers by usurping Parliament's authority by making law.

The ruling was one of a series of legal wins for gays and lesbians dating back to 1998 when sodomy was decriminalized. The following year immigrant partners of South African lesbians and gays were allowed to apply for permanent residence.

Same-sex adoption was legalized in 2002 and in 2003 the government bowed to pressure and permitted domestic partner benefits.

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