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South African High Court Says Yes to Gay Marriage
By Ross von Metzke

(Johannesburg, South Africa) – The high court of South Africa ruled Thursday that same-sex marriages will enjoy the same legal status as those between men and women, making the nation one of just five worldwide that have removed legal barriers to gay and lesbian unions.
But the Constitutional Court effectively stayed its ruling for one year to give Parliament time to amend a 1961 marriage law. Should legislature balk, the court said the law will be automatically changed to make its provisions gender-neutral.

Few expect Parliament to resist, though African nations are generally intolerant of gay relationships and many South Africans are conservative on social issues.

The African National Congress, which controls the presidency and more than two-thirds of parliament's seats, was silent on the court's decision.

The Constitutional Court's ruling expanded on a 2004 decision by the national Supreme Court of Appeal that affirmed the marriage of a lesbian couple, who were nonetheless unable to register their union with the government's Home Affairs department. The government had appealed the ruling, arguing that the Supreme Court had encroached on Parliament's authority to make laws.

But the Constitutional Court said that the refusal to give legal status to gay marriages, though grounded in common law, violated the constitution's guarantee of equal rights. The justices said marriage laws must be amended to include the words "or spouse" alongside provisions that now refer to husbands and wives.

Thursday’s decision was unanimous, with one of the court's 12 judges arguing that the ruling should take effect immediately rather than being stayed.

Homosexuality in South Africa is not the burning social issue it is on the American political right, according to political analysts from the region.

South African gay men and lesbians have recently won a series of court rulings extending to them the rights and protections afforded other citizens.

The government-sponsored tourism board announced an advertising blitz in Britain aimed at attracting gay couples to Cape Town this week. The campaign is geared around the slogan, “for the honeymoon of their dreams in 2006.”

"It's not one of our political fault lines," said Steven E. Friedman, a top political analyst at Johannesburg's Center for Political Studies, a nonprofit research center. “The major issue in this society is race. That's why people join political parties.”

Last week, South African born actress Charlize Theron told US television program Extra she and fiancée Stuart Townsend would get married when gay relationships were legalized in the United States.

No word yet if the legalization in her homeland qualified for an engagement.

December 6, 2005
EDITORIAL BY RITA

Same-sex marriage ruling a positive step

South Africa will be the first African nation to legalize same-sex unions. -

South Africa is on its way to becoming the first African nation, and the fifth in the world, to legalize same-sex marriage. Under a ruling by the highest court, South African Parliament has one year to change the words husband and wife to spouse in the marital laws.

This is a positive move forward for South Africa. Many hope its effect will be positive in a nation where homosexuality is taboo. Gay activists in South Africa hope this ruling will lessen violence and ridicule among homosexual men and women. Activists also hope it will lessen rape of lesbian women, which is common from men who hope to “cure” them. The ruling is a watershed moment for human rights. By recognizing the validity of same-sex unions South Africa is not only becoming a world leader in equality, but also breaking down old stereotypes of GLBT people. Furthermore, this ruling will allow South Africa to move forward as one nation to tackle the problem of AIDs and HIV — a problem that affects nearly 20 percent of all adults in the country. It is not a “gay” problem but a problem that affects all sectors.

In a country infamous for its apartheid it gives one hope to see how much progress can be made in the area of equality. The decision in South African courts is one that should be made in the United States. Canada, the Netherlands, Belgium and Spain are the other nations that have legalized same-sex unions. In the United States, same-sex marriage is legal in Massachusetts. In California, Connecticut, the District of Columbia, Hawaii, Maine, New Jersey and Vermont people in same-sex unions can get legal status similar to civil marriage. Even though South Africa largely is intolerant of homosexual men and women, it’s Parliament has made a move that will improve the state of human rights and violence. Hopefully other countries will follow suit.

The United States must follow suit and recognize that discrimination against homosexuals must not continue.