South Africa’s Parliament Passes Bill Barring Marriage Officers From Objecting Same-Sex Marriages
South Africa’s National Council of Provinces passes the Civil Union Amendment Bill, barring marriage officers from objecting to marry same-sex couples. With this, the bill is a step closer to becoming law, since it was also approved by South Africa’s National Assembly in 2018. If President Cyril Ramaphosa assents to the bill, it will become law.
Although same-sex marriage has been legalised in South Africa, there was a large number of marriage officers who refused to marry same-sex couples leading to a large number of same-sex couples wanting to get married to be turned away.
Under section six of the civil Union Act of 2006, a marriage officer was allowed to inform the home affairs minister of any objection they had to solemnise a civil union between same-sex couples, on the grounds of conscience, religion and belief. As ‘Times Live’ reports, “The repeal came after criticism of section six, which meant the Civil Union Act of 2006 did not effectively fix constitutionality problems flagged by the Constitutional Court back in 2005.”
Chairperson of the select committee on justice Shahidabibi Shaik said that, after legal advice from the parliament the committee took a resolution to allow for further submissions on the bill after it was initially passed by the National Assembly. She said that those who were opposed to the repeal of section sex of the act argued about the human dignity of all people, stating: Those in favour of the repeal of section six argued that section six is problematic as it allows the marriage office to impose a moral judgment towards [same-sex couples].”
She said the committee agreed to the repeal of section six and recommended that the NCOP accept the bill without changing it.
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