Civil Union Act, 2006

Last updated
Civil Union Act, 2006
Coat of arms of South Africa (heraldic).svg
Parliament of South Africa
  • Act to provide for the solemnisation of civil unions, by way of either a marriage or civil partnership; the legal consequences of civil unions; and to provide for matters incidental thereto.
Citation Act No. 17 of 2006
Enacted by National Assembly
Passed14 November 2006
Enacted by National Council of Provinces
Passed28 November 2006
Assented to29 November 2006
Commenced30 November 2006
Legislative history
Bill introduced in the National Assembly Civil Union Bill
Bill citation B 26—2006
Bill published on31 August 2006
Introduced by Nosiviwe Mapisa-Nqakula, Minister of Home Affairs
First reading 12 September 2006
Second reading 14 November 2006
Amended by
Civil Union Amendment Act, 2020
Related legislation
Marriage Act, 1961
Status: In force

The Civil Union Act, 2006 (Act No. 17 of 2006) is an act of the Parliament of South Africa which legalised same-sex marriage. It allows two people, regardless of gender, to form either a marriage or a civil partnership. The act was enacted as a consequence of the judgment of the Constitutional Court in the case of Minister of Home Affairs v Fourie , which ruled that it was unconstitutional for the state to provide the benefits of marriage to opposite-sex couples while denying them to same-sex couples.

Contents

Legislative history

The Constitutional Court's judgment set a deadline of 1 December 2006 for Parliament to rectify the situation. If Parliament missed the deadline, words would be "read in" to the Marriage Act to allow same-sex marriages to take place.

On 24 August 2006, the Cabinet approved the Civil Union Bill for submission to Parliament. [1] It was introduced in the National Assembly by the Minister of Home Affairs on 12 September. The original bill only allowed for civil partnerships between same-sex partners, and also included provisions to recognise domestic partnerships between unmarried partners, both same-sex and opposite-sex. The bill was amended by the Portfolio Committee on Home Affairs to allow both marriages and civil partnerships, and to open them to opposite-sex as well as same-sex couples. The committee also removed the provisions dealing with unregistered domestic partnerships.

The final vote in the National Assembly was held on 14 November. The ruling African National Congress called a three line whip, requiring its MPs to vote for the bill. Most opposition parties voted against it, while the Democratic Alliance allowed its MPs a conscience vote. The bill passed by 229 votes to 41 with two abstentions. [2] The National Council of Provinces passed it on 28 November by 36 votes to 11 with one abstention. It was signed on 29 November by Deputy President Phumzile Mlambo-Ngcuka (acting for President Thabo Mbeki) and came into force the following day. [3]

Provisions

A civil union may be contracted under the act by a same-sex or opposite-sex couple, and they may choose to form it either as a marriage or as a civil partnership. Whichever name is chosen, the legal consequences of a civil union are the same as those of a marriage under the Marriage Act. Any reference to marriage in any law is deemed to include a civil union, and any reference to a husband, wife or spouse is deemed to include a spouse or partner in a civil union.

A person may not contract a marriage or civil partnership if he or she is already married (or civilly partnered) under the Civil Union Act, the Marriage Act, or the Recognition of Customary Marriages Act. Both partners must be 18 or older and mentally competent. The same prohibited degrees of consanguinuity and affinity apply as would apply under the Marriage Act.

A marriage or civil partnership must be solemnized by a marriage officer in the presence of the partners and two witnesses. The solemnization may occur in a public office, a private house, or in premises used for the purpose by the marriage officer. The marriage officer asks each partner:

"Do you, A.B., declare that as far as you know there is no lawful impediment to your proposed marriage [or civil partnership] with C.D. here present, and that you call all here present to witness that you take C.D. as your lawful spouse [or civil partner]?"

and when each partner has said "yes", the marriage officer solemnizes the marriage by saying:

"I declare that A.B. and C.D. here present have been lawfully joined in a marriage [or civil partnership]."

Secular marriage officers under the Marriage Act – magistrates and Home Affairs officials –are automatically marriage officers for the purposes of the Civil Union Act. Marriage officers who are ministers of religion are not marriage officers for the purposes of the Civil Union Act unless both they and their denomination apply to be designated as such. Unlike the Marriage Act, the Civil Union Act does not place any restriction on the religious denominations of legally designated marriage officers. Marriage officers have the same powers, responsibilities and duties under the Civil Union Act as they do under the Marriage Act.

Amendment

The Act originally allowed secular marriage officers to be exempted from performing same-sex marriages on the grounds of conscience, religion or belief. This provision was repealed in October 2020 by the Civil Union Amendment Act, 2020, with exemptions expiring after a two-year transition period. During the transition period every office of the Department of Home Affairs is required to have an official available to perform same-sex marriages. [4] [5]

Related Research Articles

<span class="mw-page-title-main">Gender Recognition Act 2004</span> United Kingdom legislation

The Gender Recognition Act 2004 is an Act of the Parliament of the United Kingdom that allows people who have gender dysphoria to change their legal gender. It came into effect on 4 April 2005.

<span class="mw-page-title-main">Civil Partnership Act 2004</span> United Kingdom legislation

The Civil Partnership Act 2004 is an Act of the Parliament of the United Kingdom, introduced by the Labour government, which grants civil partnerships in the United Kingdom with rights and responsibilities very similar to civil marriage. Initially the Act permitted only same-sex couples to form civil partnerships. This was altered to include opposite-sex couples in 2019. Civil partners are entitled to the same property rights as married couples, the same exemption as married couples regarding social security and pension benefits, and also the ability to exercise parental responsibility for a partner's children, as well as responsibility for reasonable maintenance of one's partner and their children, tenancy rights, full life insurance recognition, next-of-kin rights in hospitals, and others. There is a formal process for dissolving civil partnerships, akin to divorce.

Civil partnership in the United Kingdom is a form of civil union between couples open to both same-sex couples and opposite-sex couples.

Same-sex marriage in South Africa has been legal 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. South Africa was the fifth country in the world and the first in Africa to legalise same-sex marriage.

<span class="mw-page-title-main">Same-sex marriage in Alberta</span>

Same-sex marriage in Alberta has been legal since July 20, 2005 upon the granting of royal assent to the federal Civil Marriage Act. Alberta was one of the four Canadian provinces and territories where same-sex marriage had not been legalised prior to the enactment of the Civil Marriage Act, along with Prince Edward Island, the Northwest Territories and Nunavut.

Same-sex marriage in Iceland has been legal since 27 June 2010. A bill providing for a gender-neutral marriage definition was passed by the Althing on 11 June 2010. No members of Parliament voted against the bill, and public opinion polls suggested that the bill was very popular. Iceland became the ninth country in the world to legalize same-sex marriage.

A California domestic partnership is a legal relationship, analogous to marriage, created in 1999 to extend the rights and benefits of marriage to same-sex couples. It was extended to all opposite-sex couples as of January 1, 2016 and by January 1, 2020 to include new votes that updated SB-30 with more benefits and rights to California couples choosing domestic partnership before their wedding. California Governor Newsom signed into law on July 30, 2019.

Latvia does not recognize same-sex marriage. On 12 November 2020, the Constitutional Court of Latvia ruled that the Latvian Constitution entitles same-sex couples to receive the benefits and protections afforded by Latvian law to married opposite-sex couples, and gave the Saeima until 1 June 2022 to enact a law protecting same-sex couples. In December 2021, the Supreme Court ruled that should the Saeima fail to pass civil union legislation before the 1 June deadline, same-sex couples may apply with a court to have their relationship recognized and enjoy similar rights and benefits to married couples. The Saeima failed to approve such legislation by the deadline, and the first same-sex union was recognized by the Administrative District Court on 30 May.

Lithuania does not recognise same-sex marriages or civil unions. A bill to grant same-sex couples some limited legal rights and benefits is pending in the Seimas.

Estonia has recognised same-sex registered partnerships since January 1, 2016. These unions provide same-sex couples with some of the rights, benefits and obligations of marriage.

<span class="mw-page-title-main">Legal status of same-sex marriage</span> Overview of the legal status of same-sex marriage

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.

Same-sex marriage in Australia has been legal since 9 December 2017. Legislation to allow same-sex marriage, the Marriage Amendment Act 2017, passed the Australian Parliament on 7 December 2017 and received royal assent from the Governor-General the following day. The law came into effect on 9 December, immediately recognising overseas same-sex marriages. The first same-sex wedding under Australian law was held on 15 December 2017. The passage of the law followed a voluntary postal survey of all Australians, in which 61.6% of respondents supported legalisation of same-sex marriage.

Same-sex marriage in Northern Ireland has been legal since 13 January 2020, following the enactment of the Northern Ireland Act 2019. The first marriage ceremony took place on 11 February 2020. Civil partnerships have also been available for same-sex couples in Northern Ireland since their introduction by the Government of the United Kingdom in 2005.

Same-sex marriage in Nevada has been legally recognized since October 9, 2014, when a federal district court judge issued an injunction against Nevada's enforcement of its same-sex marriage ban, acting on order from the Ninth Circuit Court of Appeals. A unanimous three-judge panel of the Ninth Circuit had ruled two days earlier that the state's ban on same-sex marriage was unconstitutional. Same-sex marriage was previously banned by an amendment to the Constitution of Nevada adopted in 2002. The statutory and constitutional bans were repealed in 2017 and 2020, respectively.

Marriage in South Africa exists in a number of different forms, as a result of the diversity of religions and cultures in the country. A man in South Africa may have more than one spouse but a South African woman may only have one spouse. Historically the legal definition of marriage, derived from the Roman-Dutch law, was limited to monogamous marriages between opposite-sex couples. Since 1998 the law has recognised marriages, including polygynous marriages, conducted under African customary law, and in 2006 South Africa became the fifth country in the world to allow same-sex marriage. It is currently the only country in the world to recognise both polygamy and same-sex marriages, albeit not in conjunction.

Civil partnerships were introduced in South Africa by the Civil Union Act, 2006, which also legalised same-sex marriage. Civil partnerships can be formed by opposite-sex couples and by same-sex couples, and have the same rights, responsibilities and legal consequences as marriages.

<span class="mw-page-title-main">Marriage in New Zealand</span>

Marriage in New Zealand is governed by an Act of Parliament. The minimum marriage age is 18 years, or 16 years with consent of the Family Court. Polygamous marriages are not permitted in New Zealand. There are prohibitions of marriages between some relatives and some who are already in a civil union.

<span class="mw-page-title-main">Marriage (Same Sex Couples) Act 2013</span> United Kingdom legislation

The Marriage Act 2013 is an Act of the Parliament of the United Kingdom which introduced same-sex marriage in England and Wales.

Same-sex marriage is currently not recognised in the Cayman Islands. The island's statutory law limits marriage to different-sex couples. A lawsuit with the Grand Court successfully challenged this ban in March 2019; however, the Court of Appeal overturned the ruling in November 2019. Same-sex civil partnerships are legal following the enactment of the Civil Partnership Law, 2020 on 4 September 2020.

<span class="mw-page-title-main">Civil Union Amendment Act, 2020</span>

The Civil Union Amendment Act, 2020 is an act of the Parliament of South Africa which repealed section 6 of the Civil Union Act, 2006, a section which had allowed civil marriage officers to opt out of solemnising same-sex marriages on the grounds of conscience, religion or belief.

References

  1. ↑ Quintal, Angela (25 August 2006). "Same-sex marriages bill tabled in parliament". Independent Online. Retrieved 6 July 2011.
  2. ↑ "S Africa approves same-sex unions". BBC News. 14 November 2006. Retrieved 13 July 2011.
  3. ↑ "SA same-sex marriage law signed". BBC News. 30 November 2006. Retrieved 13 July 2011.
  4. ↑ Seleka, Ntwaagae (23 October 2020). "Same-sex marriages protected as Ramaphosa passes the Civil Union Amendment Bill into law". News24. Retrieved 23 October 2020.
  5. ↑ Igual, Roberto (23 October 2020). "It's finally law! President Cyril Ramaphosa signs Civil Union Amendment Bill". MambaOnline. Retrieved 23 October 2020.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.