NEWS
Triangle Project: SA same sex marriage
December 07, 2004
CAPE TOWN — Recognition of same sex relationships is a legal, statutory, and human rights dynamic, and has nothing to do with issues of religion or morality.
Triangle Project, the oldest lesbian and gay service organisation in Africa, welcomes the progress made in the Supreme Court of Appeals on the matter of same sex marriage. It is a major step in the right direction that there is finally recognition of the unconstitutionality of denying the right of marriage to a certain sector of the community.
However, there is still an uphill challenge ahead. A large number of statutes have to be amended, and state systems changed, before it will be possible for marriage between same sex partners to take place. This process could take months to complete, dependent to a large extent on the willingness of the State to cooperate with the court ruling.
Once legal changes have been made, it will be possible for same sex couples to be married in the eyes of the law. Same sex couples should not confuse this with a religious ceremony; the church and state are very much separate entities, and the legal right to marry, while securing a range of rights of recognition for a couple, does not force the hand of religious bodies.
"The lesbian and gay community has faced religious persecution, and thus it is understandable that some lesbians and gays now want religious sanction of their relationships. It is akin to acceptance within a family. This, however, is not a case won in court." Says Dawn Betteridge, Director of Triangle Project.
Triangle Project remains a co-applicant in the Equality Project application against the Minister of Home Affairs in the Johannesburg High Court which aims to address both the common law and statutory provisions which prevent marriage between people of the same sex. – Issued by Triangle Project
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