Part of the LGBT rights series |
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Angola does not recognize same-sex marriages or civil unions. The Family Code of Angola recognizes de facto unions but only for opposite-sex couples and bans same-sex marriage.
While many modern-day Angolan cultures historically practiced polygamy, there are no records of same-sex marriages as understood from a Western perspective being performed in those cultures. However, there is evidence for identities and behaviours that may be placed on the LGBT spectrum. [1] Early Europeans to visit modern-day Angola, including anthropologists, ethnologists and priests, reported "same-sex marriage ceremonies" among the Ovimbundu and Ambundu peoples, the two largest ethnic groups in Angola, as well as the smaller Ovambo and Herero peoples, who mostly live in neighboring Namibia. [2] [3] Ambundu culture traditionally recognized "powerful diviner and medicine men" known as quimbanda , who were "reputed to gain [their] powers by ritual sodomy". [4] The quimbanda "dress[ed], [sat], and [spoke] like women, and married men just as if they were women". Queen Nzinga of Ndongo and Matamba is known to have acquired a harem of wives, who were biologically male but dressed as women and took on female gender roles. [5] Ovimbundu society likewise recognized people fulfilling a third gender role, known as chibanda, who "[were] men attyred like women, and behave[d] themselves womanly […] and also married to men". British-American ethnologist Wilfrid Dyson Hambly reported in 1937 that an Ovimbundu informant had said that in Mbundu society, "There are men who want men, and women who want women." [2] [6]
These customs gradually disappeared with modernization and the introduction of Western culture and homophobia to Angola during colonisation. [7] In 2007, a local anthropologist was quoted as saying, "Angolan society is not yet prepared to accept homosexuals. The local culture, which is influenced by Christianity, calls for the perpetuation and expansion of the family. Homosexuality is therefore viewed as an affront to the laws of nature." [8]
Due to family pressure, many gay men "use marriage as a way of avoiding stigma, but once married, continue to have occasional sex with other men." [9] The National Institute for the Fight Against AIDS (INLS) has reported that this taboo has impacts in the fight against HIV/AIDS in Angola, as messages about safe sex were "exclusively tailored to heterosexuals", leaving gay people "neither informed nor protected". [8]
On 6 May 2005, a same-sex couple, Aleksander Gregório, 21, and his partner, known only as Bruno, 23, held a marriage ceremony at the Hotel Presidente in Luanda and signed a letter of commitment in the presence of a retired notary. The ceremony was labelled as "shameless" and "abominable" on the front pages of national newspapers. [8]
The Constitution of Angola does not explicitly forbid same-sex marriages. Article 35 deals with family, marriage and filiation, and establishes associated recognition and rights. It states that "men and women are equal within the family, society and the state, enjoying the same rights and having the same duties." It further states that: [10] [11] [12] [13] [14]
De facto unions (Portuguese : união de facto, pronounced [uˈnjɐ̃w̃dɨˈfaktu] ) are regulated by the Family Code and can only be recognised if "all legal requirements for the celebration of marriage are met". Article 112 of the Code defines de facto unions as the "voluntary establishment of common life between a man and a woman". Hence, these unions are available only to opposite-sex couples. In 2020, there were more de facto unions performed in Angola than marriages. [15] Article 20 of the Family Code defines marriage as "the voluntary union between a man and a woman." [16] The United Nations Development Programme reported in 2021 that "this regime of family law significantly curtails LGBTI peoples' fundamental rights, and also impacts other laws, resulting in the rights derived from marriage and family being denied to LGBTI persons (e.g. the right of a spouse not to testify before a court of law)." [17]
In 2013, discussions on modifications to the Family Code to recognize same-sex unions were vehemently opposed by religious groups. [18]
The Catholic Church 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. [19] However, the Episcopal Conference of Angola and São Tomé expressed "perplexity" at the declaration, and issued a statement that "regarding informal blessings for 'irregular couples' (homosexuals), although it is a sacrament different from the liturgical blessing, we consider that, in our cultural and ecclesial context, it would create enormous scandal and confusion among the faithful, so we have determined that it should not be carried out in Angola and São Tomé." [20] [21]
As the Anglican Church of Southern Africa was discussing the possibility of blessing same-sex unions, dioceses in Angola and Mozambique split to "form a more conservative Anglican province" in 2021. Known as the Anglican Church of Mozambique and Angola, it does not offer blessings to same-sex unions. [22] [23]
Since the 1990s, the Anglican Communion has struggled with controversy regarding homosexuality in the church. In 1998, the 13th Lambeth Conference of Anglican bishops passed a resolution "rejecting homosexual practice as incompatible with Scripture". However, this is not legally binding. "Like all Lambeth Conference resolutions, it is not legally binding on all provinces of the Communion, including the Church of England, though it commends an essential and persuasive view of the attitude of the Communion." "Anglican national churches in Brazil, South Africa, South India, New Zealand and Canada have taken steps toward approving and celebrating same-sex relationships amid strong resistance among other national churches within the 80 million-member global body. The Episcopal Church in the U.S. has allowed same-sex marriage since 2015, and the Scottish Episcopal Church has allowed same-sex marriage since 2017." In 2017, clergy within the Church of England indicated their inclination towards supporting same-sex marriage by dismissing a bishops' report that explicitly asserted the exclusivity of church weddings to unions between a man and a woman. At General Synod in 2019, the Church of England announced that same-gender couples may remain recognised as married after one spouse experiences a gender transition. In 2023, the Church of England announced that it would authorise "prayers of thanksgiving, dedication and for God's blessing for same-sex couples."
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.
The blessing or wedding of same-sex marriages and same-sex unions is an issue about which leaders of Christian churches are in ongoing disagreement. Traditionally, Christianity teaches that homosexual acts are sinful and that holy matrimony can only exist between two persons of different sexes. These disagreements are primarily centred on the interpretation of various scripture passages related to homosexuality, sacred tradition, and in some churches on varying understandings of homosexuality in terms of psychology, genetics and other scientific data. While numerous church bodies have widely varying practices and teachings, individual Christians of every major tradition are involved in practical (orthopraxy) discussions about how to respond to the issue.
Same-sex marriage has been legal in Argentina since July 22, 2010. Bills to legalize same-sex marriage were introduced to the National Congress in 2009 by deputies from the Socialist and New Encounter parties. Following much discussion, a unified bill passed the Chamber of Deputies on May 5, 2010 by a vote of 126 to 110, and the Senate on July 15 by 33 votes to 27. President Cristina Fernández de Kirchner signed the bill into law on July 21, and it went into effect the following day. Polling indicates that a majority of Argentines support the legal recognition of same-sex marriage. Argentina was the first country in South America and Latin America, the second in the Americas, the second in the Hispanic world, the second in the Southern Hemisphere and the tenth in the world to legalize same-sex marriage.
The Anglican Church of Southern Africa, known until 2006 as the Church of the Province of Southern Africa, is the province of the Anglican Communion in the southern part of Africa. The church has twenty-five dioceses, of which twenty-one are located in South Africa, and one each in Eswatini, Lesotho, Namibia and Saint Helena.
Kimbundu, a Bantu language which has sometimes been called Mbundu or North Mbundu, is the second-most-widely-spoken Bantu language in Angola.
Same-sex marriage has been legal in Brazil since 16 May 2013 in accordance with a decision from the National Justice Council, ordering notaries of every state to license and perform same-sex marriages. Brazil became the second country in South America to legalize same-sex marriage nationwide, after Argentina, and the twelfth worldwide to do so.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in Brazil rank among the highest in the world. Same-sex couples in Brazil have enjoyed the same rights guaranteed to heterosexual ones since 16 May 2013, including marriage and adoption. On June 13, 2019, the Brazilian Supreme Court ruled that discrimination on the basis of sexual orientation and gender identity is a crime akin to racism.
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, and transgender (LGBT) rights in Angola have seen improvements in the early 21st century. In November 2020, the National Assembly approved a new penal code, which legalised consenting same-sex sexual activity. Additionally, employment discrimination on the basis of sexual orientation has been banned, making Angola one of the few African countries to have such protections for LGBTQ people.
Same-sex marriage has been legal in Colombia since 28 April 2016 in accordance with a 6–3 ruling from the Constitutional Court that banning same-sex marriage is unconstitutional under the Constitution of Colombia. The decision took effect immediately, and made Colombia the fourth country in South America to legalize same-sex marriage, after Argentina, Brazil and Uruguay. The first same-sex marriage was performed in Cali on 24 May 2016.
Laws governing lesbian, gay, bisexual, transgender and queer (LGBTQ) rights are complex and diverse in the Americas, and acceptance of LGBTQ persons varies widely.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Africa are generally poor in comparison to the Americas, Western Europe and Oceania.
This article is intended to give an overview of the history of LGBT rights in Brazil.
Same-sex marriage is legal in the following countries: Andorra, Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Denmark, Ecuador, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Luxembourg, Malta, Mexico, the Netherlands, New Zealand, Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, the United Kingdom, the United States, and Uruguay. Same-sex marriage is recognized, but not performed in Israel.
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.
Same-sex marriage is not legal in Namibia. On 16 May 2023, the Supreme Court ruled 4–1 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.
Kenya does not recognise same-sex marriages or civil unions. The Constitution of Kenya does not explicitly address same-sex marriage, but was modified in 2010 to state that "every adult has the right to marry a person of the opposite sex, based on the free consent of the parties".
Fiji does not recognise same-sex marriage, civil unions or any other form of recognition for same-sex couples.
Mozambique does not recognize same-sex marriages or civil unions. The Family Code of Mozambique recognizes de facto unions but only for opposite-sex couples and bans same-sex marriage. Some protests for the legal recognition of same-sex marriage occurred in 2006, as discussions on this issue were ongoing in South Africa.