| Part of the LGBTQ rights series |
 LGBTQportal |
Botswana does not recognize same-sex marriages or civil unions. The Marriage Act, 2001 does not provide for the recognition of same-sex unions.
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 Western culture and homophobia in the 20th century. [5] [6] Anal intercourse between men became illegal under colonial law during this time. The law was struck down by the High Court in 2019. [7]
Among the San peoples, marriage (ǃXóõ : ʼǀnàɲa; [8] Tshwa : se tcu) is generally between a man in his twenties and a girl in her teens, though polygamy is common. [9] Evidence suggests that same-sex sexual activity was previously "common and relatively accepted" by the San peoples. [10]
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, [11] have cemented Botswana as a "[leader] in Southern Africa". [12] [13] 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. [14]
The Marriage Act, 2001 (Tswana : Molao wa Manyalo, 2001; [15] Act 18 of 2001, Chapter 29:01) [a] 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". [16] The Constitution of Botswana, unlike neighbouring Zimbabwe's constitution, also does not explicitly forbid marriages between people of the same sex. [17] 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. [18]
Following the 2024 election, the Ministry of Labour and Home Affairs announced its intention to review the Marriage Act. It invited LGBT activists to participate in reviewing the legislation. [19]
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. [20] 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." [21] [22]
In 2015, the General Synod of the Dutch Reformed Church voted by a 64% majority to recognise same-sex marriages, bless the relationships of same-sex couples and allow gay ministers and clergy (who are not required to be celibate). The decision applies to 9 of the 10 synods; with the Namibia Synod being excluded, but it does apply to the Northern Cape and Northern synods, which include parts of Botswana. [23] The decision caused backlash and objections, resulting in it being reversed a year later. A dozen church members subsequently took the denomination to court to restore the 2015 decision. In 2019, the North Gauteng High Court reversed the decision, ruling that while religious organizations have the religious freedom to define marriage the 2016 decision was not made in accordance with the church's own proper process. [24] [25] Individual pastors are free to choose whether to bless same-sex marriages; a freedom of conscience clause allows pastors with objections to opt out of performing same-sex weddings.
In 2015, the synod of the Evangelical Lutheran Church in Southern Africa discussed same-sex unions but concluded that "a marriage is understood as a union only between a man and a woman. Furthermore the valid and unchanged position of our Church is that the blessing of same sex unions is rejected." [26] In 2020, the Methodist Church of Southern Africa voted to allow members, including ordained clergy, to enter into same-sex unions, while retaining the denomination's teaching that marriage is a union "between a man and a woman". [27] [28]
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.
The Dutch Reformed Church is a Reformed Christian denomination in South Africa. It also has a presence in neighbouring countries, such as Namibia, Eswatini, and parts of Botswana, Zimbabwe and Zambia. In 2013 it claimed 1.1 million members and 1,602 ordained ministers in 1,158 congregations.
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, transgender, and queer (LGBTQ) people in Botswana face legal issues not experienced by non-LGBTQ 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 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.
This is a list of notable events in the history of LGBTQ rights that took place in the year 2018.
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 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.
Fiji does not recognise same-sex marriage, civil unions or any other form of recognition for same-sex couples. The Marriage Act defines marriage as "the voluntary union of one man to one woman", although the Constitution of Fiji guarantees equal protection before the law to all citizens regardless of sexual orientation.
Lesotho does not recognise same-sex marriages or civil unions. The Marriage Act, 1974 does not provide for the recognition of same-sex unions.
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.
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 provide for the recognition of same-sex marriage, and civil partnerships are only available to opposite-sex couples. The Constitution of Zimbabwe explicitly prohibits same-sex marriages.
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.
Eswatini does not recognise same-sex marriages or civil unions. The Marriage Act, 1964 does not provide for the recognition of same-sex unions.
Mauritius does not recognise same-sex marriages or civil unions. The Civil Code of Mauritius does not provide for the recognition of same-sex unions.
Status of same-sex unions around the world | ||
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| Americas | ||
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| Europe |
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| Oceania |
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| Antarctica |
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