| Part of the LGBT rights series | ||
Recognized
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Civil unions and registered partnerships
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See also
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Notes
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 LGBT portal | ||
Botswana does not recognize same-sex marriages or civil unions. The Marriage Act does not recognise same-sex marriage.
| Part of the LGBT rights series |
| LGBT portal |
Botswana does not recognize same-sex marriages or civil unions. The Marriage Act does not recognise same-sex marriage.
While the Tswana historically practiced polygamy, [1] there are no records of same-sex marriages as understood from a Western perspective being performed in Tswana culture. However, there is evidence for identities and behaviours that may be placed on the LGBT spectrum. [2] Contemporary oral evidence suggests that same-sex relationships were "common" and "prevelant" among Tswana miners in South Africa in the early 20th century. It was during this time through the mining compounds and the influence of South African languages that the contemporary term matanyola, meaning "anal sex", entered the Tswana language. [3] These relationships differed strongly from the Western understanding of same-sex marriages, as men who entered these "mine marriages" continued to marry women and "conform, or appear to conform, to gender expectations", and would not consider themselves as homosexual or bisexual, or "unfaithful to [their] marriage vows. [4] This practice gradually disappeared as Botswana became more modernized and exposed to Christianity, Western culture and homophobia in the 20th century. [5] [6]
Today, homosexuality is viewed as taboo, and society generally does not accept same-sex relationships. Same-sex sexual relations were prohibited in Botswana until the law was struck down by the High Court in 2019. [7]
Same-sex sexual relations were previously outlawed in Botswana under a British colonial-era law. This law was struck down in 2019 by the High Court, a ruling later upheld by an appellate court in 2021. This ruling, along with reforms to the employment law forbidding hiring discrimination on the basis of sexual orientation in 2010 and the registration of Botswana's largest LGBT advocacy organisation, LEGABIBO (Lesbians, Gays & Bisexuals of Botswana), in 2016, [8] have cemented Botswana as a "[leader] in Southern Africa". [9] [10] Nevertheless, discrimination and abuse against LGBT people remain a "daily reality for many", and laws do not permit or recognise same-sex marriages or civil unions. [11]
The Marriage Act (Tswana : Molao wa Manyalo; [12] Act 18 of 2001, Chapter 29:01) does not expressly forbid same-sex marriages and does not contain a definition of marriage. However, it generally refers to married spouses as "husband" and "wife". [13] The Constitution of Botswana, unlike neighbouring Zimbabwe's constitution, also does not explicitly forbid marriages between people of the same sex. [14] Civil partnerships (Tswana : dikgolagano tsa selegae) are likewise not recognised in Botswana. This means that cohabiting same-sex couples do not enjoy the same rights as married couples including with regard to inheritance, tax benefits, adoption and alimony, among others.
In 2021, a spokesperson for LEGABIBO said the issue of same-sex marriage was "likely to arise in [the] future", noting that the 2019 High Court judgement in Letsweletse Motshidiemang v The Attorney-General "might be relevant then" and hoping that "future possibilities may also include a change of law and acceptance of society towards gay marriages". "The offensive provisions of the Penal Code have long been struck down by the High Court and so same-sex conduct has not been criminal since then. This has opened new avenues for conversations to be heard regarding gay rights in total.", they added. [15]
The Catholic Church, which has two dioceses in Botswana, one in Gaborone and the other in Francistown, opposes same-sex marriage and does not allow its priests to officiate at such marriages. In December 2023, the Holy See published Fiducia supplicans , a declaration allowing Catholic priests to bless couples who are not considered to be married according to church teaching, including the blessing of same-sex couples. [16] The Southern African Catholic Bishops' Conference, representing bishops in Botswana, South Africa and Eswatini, released a statement saying that "the document offers suggestions for when and how the blessings might be given. The Southern African Catholic Bishops Conference will guide further on how such a blessing may be requested and granted to avoid the confusion the document warns against. In the meantime, the suggestions offered by the declaration may be taken as a guide with prudence." [17] [18]
Within Christianity, there are a variety of views on sexual orientation and homosexuality. The view that various Bible passages speak of homosexuality as immoral or sinful emerged in the first millennium AD, and has since become entrenched in many Christian denominations through church doctrine and the wording of various translations of the Bible.
Same-sex marriage has been legal in South Africa since the Civil Union Act, 2006 came into force on 30 November 2006. The decision of the Constitutional Court in the case of Minister of Home Affairs v Fourie on 1 December 2005 extended the common-law definition of marriage to include same-sex spouses—as the Constitution of South Africa guarantees equal protection before the law to all citizens regardless of sexual orientation—and gave Parliament one year to rectify the inequality in the marriage statutes. On 14 November 2006, the National Assembly passed a law allowing same-sex couples to legally solemnise their union 229 to 41, which was subsequently approved by the National Council of Provinces on 28 November in a 36 to 11 vote, and the law came into effect two days later.
Lesbian, gay, bisexual, and transgender (LGBT) people in South Africa have the same legal rights as non-LGBT people. South Africa has a complex and diverse history regarding the human rights of LGBT people. The legal and social status of between 400,000 to over 2 million lesbian, gay, bisexual, transgender and intersex South Africans has been influenced by a combination of traditional South African morals, colonialism, and the lingering effects of apartheid and the human rights movement that contributed to its abolition.
The legal status of same-sex marriage has changed in recent years in numerous jurisdictions around the world. The current trends and consensus of political authorities and religions throughout the world are summarized in this article.
Lesbian, gay, bisexual, transgender and queer (LGBTQ+)-affirming religious groups are religious groups that welcome LGBT people as their members, do not consider homosexuality as a sin or negative, and affirm LGBT rights and relationships. They include entire religious denominations, as well as individual congregations and places of worship. Some groups are mainly composed of non-LGBTQ+ members and they also have specific programs to welcome LGBTQ+ people into them, while other groups are mainly composed of LGBTQ+ members.
Lesbian, gay, bisexual, and transgender (LGBT) people in Botswana face legal issues not experienced by non-LGBT citizens. Both female and male same-sex sexual acts have been legal in Botswana since 11 June 2019 after a unanimous ruling by the High Court of Botswana. Despite an appeal by the government, the ruling was upheld by the Botswana Court of Appeal on 29 November 2021.
The Catholic Church condemns same-sex sexual activity and denies the validity of same-sex marriage. While the Church opposes "unjust" discrimination against homosexual persons, it supports what it considers "just" discrimination in the employment of teachers or athletic coaches, in adoption, in the military and in housing. The Catechism of the Catholic Church promulgated by Pope John Paul II considers sexual activity between members of the same sex to be a grave sin against chastity and sees homosexual attraction as objectively disordered. However, the Catechism also states that homosexuals "must be accepted with respect, compassion, and sensitivity". This teaching has developed through papal interventions, and influenced by theologians, including the Church Fathers.
Hungary has recognized registered partnerships since 1 July 2009, offering same-sex couples nearly all the rights and benefits of marriage. Unregistered cohabitation for same-sex couples was recognised and placed on equal footing with the unregistered cohabitation of different-sex couples in 1996. However, same-sex marriage is prohibited by the 2011 Constitution of Hungary, which took effect in January 2012.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Africa are generally poor in comparison to the Americas, Western Europe and Oceania.
Ukraine does not recognize same-sex marriage or civil unions. The Constitution of Ukraine defines marriage as between "a woman and a man". The issue of legal recognition for same-sex couples has become particularly acute after the start of Ukraine's accession to the European Union in 2022 and the Russian large-scale invasion of Ukraine during the Russo-Ukrainian War.
Nigeria does not recognize same-sex marriages or civil unions for same-sex couples. Homosexuality among men is punishable with up to 14 years' imprisonment in Southern Nigeria and may result in capital punishment for men in areas under Sharia Islamic law in the northern part of the country. Individuals who "perform, witness, aid or abets" a same-sex marriage may face severe penalties.
The Lesbians, Gays & Bisexuals of Botswana (LEGABIBO) is a Botswana human rights advocacy group with the primary objective of seeking legal and social rights for the LGBT community in Botswana. It is the first LGBT focused organization to be registered in Botswana after years of official opposition. The organization aims to reduce discrimination of LGBT individuals and advocate the recognition of same sex couples for the purpose of adoption, accessing social benefits and same-sex marriage.
The Catholic Church has intervened in political discourses to enact legislative and constitutional provisions establishing marriage as the union of a man and a woman, resisting efforts by civil governments to establish either civil unions or same-sex marriage.
Hong Kong does not recognise same-sex marriages or civil unions. However, same-sex couples are afforded limited legal rights as a result of several court decisions, including the right to apply for a spousal visa, spousal benefits for the partners of government employees, and guardianship rights and joint custody of children.
Pope Francis, the head of the Catholic Church since 2013, has adopted a significantly more accommodating tone on LGBT topics than his predecessors. In July 2013, his televised "Who am I to judge?" statement was widely reported in the international press, becoming one of his most famous statements on LGBT people. In other public statements, Francis has emphasised the need to accept, welcome, and accompany LGBT people, including LGBT children, and has denounced laws criminalising homosexuality. While he has reiterated traditional Catholic teaching that marriage is between a man and a woman, he has supported same-sex civil unions as legal protections for same-sex couples. Under his pontificate, the Dicastery for the Doctrine of the Faith has confirmed that transgender people can be baptised, and allowed the blessing of same-sex couples in the document Fiducia supplicans. Francis has privately met many LGBT people and activists. In 2013, Francis was named as Person of the Year by The Advocate, an American LGBT magazine.
Same-sex unions cannot be legally performed in Namibia. The Supreme Court ruled 4–1 on 16 May 2023 that same-sex marriages concluded outside of Namibia should be recognised for residency purposes. A bill seeking to overturn the ruling has passed the Parliament of Namibia and awaits President Nangolo Mbumba's signature.
Caine Youngman is a human rights activist and member of the LGBT rights movement in Botswana. He first gained international attention in 2011 when he tried to overturn the country's ban on same-sex relations. He worked for human rights group LEGABIBO until December 2022 and served on the board of Pan Africa ILGA, the regional chapter of the International Lesbian, Gay, Bisexual, Trans and Intersex Association.
Angola does not recognize same-sex marriages or civil unions. The Family Code of Angola recognises de facto unions but only for opposite-sex couples and bans same-sex marriage.
Fiducia supplicans is a 2023 declaration on Catholic doctrine that allows Catholic priests to bless couples who are not considered to be married according to church teaching, including same-sex couples. Subtitled "On the Pastoral Meaning of Blessings", the document is dated 18 December 2023 and was released on the same day. Fiducia supplicans was issued by the Holy See's Dicastery for the Doctrine of the Faith (DDF) and approved with a signature by Pope Francis. It was the first declaration issued by the DDF since Dominus Iesus in 2000.
Zimbabwe does not recognize same-sex marriages or civil unions. The Marriages Act does not recognise same-sex marriage, and civil partnerships are only available to opposite-sex couples. The Constitution of Zimbabwe explicitly prohibits same-sex marriages.
Status of same-sex unions around the world | ||
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| Oceania |
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| Antarctica |
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