CIVIL UNION BILL “UNCONSTITUTIONAL”
The state’s chief legal advisor has described the Civil Union Bill as “unconstitutional”, vindicating LGBT groups who have made the same claims about the controversial legislation.
The Pretoria New reports that state law adviser Enver Daniels has described the Civil Union Bill as unconstitutional and discriminatory because it allows marriage officers the option of refusing to “marry” same-sex couples should they have a moral objection to the union. Another state legal advisor, Mukesh Vassen, concurred with Daniels’ assessment of the bill.
Daniels made the statement to MPs in Parliament in a discussion on the bill, which the government aims to have made law before December 1, in response to the Constitutional Court’s ruling compelling it to legalise same-sex marriage.
LGBT groups have long argued that the bill will not meet the spirit of the Constitutional Court’s order for a number of reasons, including the fact that “same-sex unions” do not have the same weight as traditional “marriage”. Conservative religious groups also oppose the proposed law.
Daniels warned that should the bill be passed by parliament, it would most certainly be challenged in the Constitutional Court and would probably be declared unconstitutional.
Nonhlanhla Mkhize, director of the Durban Gay and Lesbian Community and Health Center, said that the Department of Home Affairs’ public hearings had “engaged the whole country in a meaningless exercise [because] the bill was flawed to start with”.
Lirette Louw, an attorney from the Justice Department however disagreed, stating that the Bill satisfied all the criteria laid out by the Court.
Marriage. I also believe in equality for all, but let’s be realistic here! Gay men can’t have a long-term relationship and less than 5% of gay relationships lasts – how on earth do we want to get engaged?! Well, I can’t wait for all the thousands of divorcements going through! Then you guys going to see drama!!! hehe
what?!. r u actually serious?
what makes u such an expert on gay relationships?
where the hell did u get those statistics?
y even bother being a proud homo if u don’t even have faith? just because u can’t keep a lasting relationship, doesn’t meen the rest of us can’t…
6 Years. I agree. We are together for 7 years now and thinking of getting a child next year.
Duckie. u must be JOKING Duckie
a white wedding. YOU GUYS HAVE MISSED THE WHOLE POINT! the purpose of achieving equality for all before the law is that the kind of bigotry and prejudice we all face in various measures in our lives will hopefully gradually be eroded. If there can be a Civil Union for us, why don’t we just revert back to Apartheid concepts and have the Coloured Union Bill, The Indian Union Bill, the Ugly Union Bill, the Small Willies Union Bill….
same sex marriage. whether gay people avail themselves of the equal right to marry or not is not the issue.
this constitution guarantees equality before the law, and the government is duty bound to ensure that the same law applies to everyone regardless of gender, affiliation, in/ability to conduct a relationship, or what the religious fanatics have to say about the issue.
equality is equality – nothing more, nothing less.