南アフリカ共和国の国民議会（下院）は14日、同性婚を認める法案を賛成230、反対41の圧倒的多数で可決した。
同性同士の結婚、南アで合法化…アフリカで初めて [読売新聞]
新たな法律では、１８歳以上の同性カップルにも異性間の結婚と同じ権利が与えられる。アフリカで同性間の結婚が合法化されるのは初めて。
アパルトヘイト（人種隔離政策）終結後に制定された南アの憲法は世界でも先進的とされ、性的指向による差別を禁止している。
しかし、結婚に関する法律はこれまで、結婚を「男と女の間のもの」と規定。同国の憲法裁判所は昨年、これを違憲と判断し、今年１２月１日までに同性結婚を合法化するよう指示していた。
法改正にはキリスト教団体などが強く反対していたが、与党アフリカ民族会議（ＡＮＣ）は「アパルトヘイト（人種隔離）政策の過去と決別するため、あらゆる差別や偏見と戦わねばならない」として、下院の約４分の３を占める所属全議員に投票を呼びかけていた。
S Africa approves same-sex unions [BBC NEWS]
The legislation was introduced after the Constitutional Court ruled last year that the existing laws discriminated against homosexuals.
The ruling African National Congress ordered all MPs to turn up and vote for the bill, despite the opposition of church and traditional leaders.
The bill provides for the "voluntary union of two persons, which is solemnised and registered by either a marriage or civil union".
The existing Marriage Act defines a marriage as a "union between a man and a woman".
South African assembly passes gay partnership law [Guardian]
The ANC has therefore allowed the Marriage Act to stand while introducing the civil unions bill. Heterosexuals would be allowed to marry under either piece of legislation, while gay couples would be able to formalise their partnership only under the civil unions legislation.
Representatives of the gay community have objected that this, on its own, amounts to discrimination. Because the South African parliament is elected under the party list system the ANC does not allow free votes on grounds of conscience. "How do you give someone permission to discriminate in the name of the ANC?" indignantly demanded the chairperson of the ANC's parliamentary caucus, Vytjie Mentor, at the weekend.
The legislation still has to clear South Africa's second house, the council of provinces, before being signed into law by the president.
South African Parliament Approves Same-Sex Marriages [New York Times]
Melanie Judge, the program manager for OUT, a gay rights advocacy group, said Parliament had taken a courageous stance in the face of strong political pressure.
Although some countries recognize civil partnerships between same-sex couples, she said, only the Netherlands, Belgium, Spain and Canada now allow same-sex marriages.
Ms. Judge credits South Africa’s liberal Constitution with forcing change. “This has been a litmus test of our constitutional values,” she said. “It forced us to consider: What does equality really mean? What does it look like? Equality does not exist on a sliding scale.”
South African Assembly Legalizes Same-Sex Marriage Law [VOA]
The law, known as the Civil Union Act, was condemned by religious groups and traditional leaders and criticized by gay rights groups as insufficient.
It passed because the ruling African National Congress instructed its delegates to vote for it without exception.
A researcher at Johannesburg's Center for Applied Legal Studies, Beth Goldblatt, says nevertheless the law represents an important step for civil rights in South Africa.
"I am pleased that there is finally legislation which permits same-sex couples to marry, but I have some concerns that this legislation is inadequate, poorly drafted and not quite what would have been the ideal solution," she said.
South Africa's Constitutional Court one year ago decided that the existing marriage law was unconstitutional because it discriminated against same-sex couples. It ordered the government to provide new marriage legislation by December 1.
Goldblatt says the simplest solution would have been to amend the marriage act to allow same-sex marriages. But she says the parliament has created a new institution.
She says the legislation provides the same protections as the marriage law, but that it is a separate, parallel law.
"So although there is no actual difference in the consequences of the law it still seems to be saying that if you are a same-sex couple you cannot use the marriage act that is provided for heterosexual couples and that seems to offend the same-sex couples' dignity," she said.
As a result, Goldblatt predicts that gay rights groups will challenge the constitutionality of the Civil Union Act.
The new law also includes a provision that allows marriage officials to refuse to carry out the ceremony on religious or personal grounds.
Gay rights activists say this measure discriminates against them and is therefore unconstitutional.
[CBS NEWS ONLOGO]
