By Stephanie Saville
Gay and human rights organisations have combined their voices in a joint statement appealing to the country's leadership to adopt a new draft Marriage Amendment Bill to legalise same-sex marriage.
This follows a ruling of the Constitutional Court in December last year that the exclusion of same-sex couples from the institution of marriage infringes their right to dignity, equality and privacy.
"The court has presented parliament with an historic opportunity to deepen its commitment to human rights. This calls for recognition of same- sex marriage which carries equal legal and social status. By doing so, we realise the promise of equality which lies at the heart of our historical struggle against all forms of discrimination," said the statement. It quoted President Thabo Mbeki in 1987, then director of information for the ANC, saying that the ANC was firmly committed to removing all forms of discrimination in a liberated SA and that that commitment should extend to the protection of gay rights.
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According to the statement, this was partly realised in South Africa's landmark post-apartheid constitution, which prohibits discrimination on the basis of sexual orientation.
Those who have added their voice to the statement said gay equality could coexist alongside religious freedom. The Home Affairs Department had drafted a Marriage Amendment Bill capable of balancing gay equality and religious freedom.
The Bill's gender-neutral definition of marriage would finally permit gay South Africans to socially and legally sanction their relationships under the existing marriage law, the statement said.
- This article was originally published on page 4 of The Mercury on August 14, 2006
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