Press release
Lesbian and Gay Equality Project welcomes Law Commission report on Same Sex Marriage
Monday, September 1, 2003
The Lesbian and Gay Equality Project welcome the report by the SA Law Reform Commission on Domestic Partnerships, including same sex marriage.
Though the Commission proposes different avenues for resolving the matter, it is explicitly clear in confirming that the absence of formal legal recognition of same sex marriage is unconstitutional. The Equality Project welcomes this unambiguous statement.
The Equality Project is, however, of the view that only one of the proposals made by the Commission offers a valid solution: that same sex couples should be admitted into the existing marriage regime. The Equality Project firmly supports Domestic Partnerships and the proposed Domestic Partnership legislation, but it is our view that such legislation serves a purpose different from that of marriage. Domestic Partnerships serves people who are in relationships that do not want to enter into marriage. We believe that this is a legitimate purpose, but admitting same sex couples only into such a regime, would still be unequal and thus, unconstitutional.
The Equality Project further calls on the Minister of Justice and Constitutional Development, Dr PM Maduna MP and the Minister of Home Affairs, Dr M Buthelezi MP, to act with due haste on this matter, as the resolution of same sex marriage for same sex couples is now long overdue. The South African Constitution has been in place for 9 years now and from the outset, the implications for same sex marriage were quite clear. In order to resolve this matter without resorting to litigation – and in terms of the respective Ministers fulfilling their Constitutional Obligations – we call on both Ministers to meet with The Equality Project on an urgent basis.
The Equality Project remains committed to maintaining a co-operative and amicable relationship with government, but in terms of our mandate, we are prepared to proceed with litigation in the absence of the matter of same sex marriage being resolved with due haste.
Issued by:
The Lesbian and Gay Equality Project
36 Grafton Road, Yeoville, 2198.
PO Box 2711, Yeoville, 2198.
Tel: 011 487 3810/1/2
Press officer: Willie Knoetze
Email: willie@equality.org.za
Web: http://www.equality.org.za