| Part of the LGBT rights series | ||
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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 | ||
Lesotho does not recognise same-sex marriages or civil unions.
| Part of the LGBT rights series |
| LGBT portal |
Lesotho does not recognise same-sex marriages or civil unions.
Historically, Sotho society recognised motsoalle relationships formed between women during adolescence. [1] Often, a motsoalle relationship was acknowledged publicly with a ritual feast and with the community fully aware of the women's commitment to one another. [2] [3] Motsoalle relationships differed from a Western perspective of same-sex relationships. Women in motsoalle relationships "marr[ied] men and conform[ed], or appear[ed] to conform, to gender expectations.", and did not have a different social identity even though they were in a committed relationship with another woman. Women in motsoalle relationships also differed from a Western perspective of heterosexual female friends. Researcher William J. Spurlin wrote that "it is important not to simply translate into English [the] use of the Sesotho word motsoalle [...] as lesbian." Nevertheless, Spurlin stated that "it might be possible to place motsoalle relationships on the lesbian continuum to discuss, debate, and imagine them theoretically as possible sites of lesbian existence, given the close emotional and intimate bonds between the women, but with the stipulation that the relationships not be reduced to Western understandings of lesbian." [4] As Lesotho became more modernized, Lesotho society become exposed to Western culture and to homophobia, erasing the motsoalle relationships. [5]
In 1941, an official enquiry found that Basotho men were "enthusiastically participating" in bokonchana relationships, also known as "mine marriages" between men, as well as public cross-dressing and same-sex marriage ceremonies. [6]
The Marriage Act 1974 (Sotho : Molao oa Lenyalo oa 1974; Act 10 of 1974) does not expressly forbid same-sex marriages and does not explicitly define marriage as being between "a man and a woman", but generally refers to married spouses as being of the opposite sex. In addition to civil marriage, customary marriages entered into according to Sotho custom are also recognised in Lesotho. [7] Historically, married women in Lesotho were considered "legal minors" during the lifetime of their husbands, were severely restricted in economic activities, were unable to enter into legally binding contracts without their husbands' consent, and had no legal standing in civil court. This changed with the passage of the Legal Capacity of Married Persons Act 2006 (Act 9 of 2006), [8] which was approved by the Parliament of Lesotho in November 2006. [9]
In 2019, the Transformation Resource Centre (TRC), an organisation advocating for justice, peace and participatory development, called on the government to legalise same-sex marriage and adoption by same-sex couples. "There is no legislative framework for protection of the rights of [LGBT] people and other sexual minorities. This omission leads to discrimination of various forms including denial of access to healthcare services, targeted assaults by the police, non-recognition of their unions as lawful marriages and their prohibition to adopt children.", according to a 2019 TRC report. The report also noted that many LGBT people were being forced into heterosexual marriages. That same year, Director of Gender ‘Matau Futho Letsatsi, working for the Ministry of Gender and Youth, Sports and Recreation, acknowledged that there was no law allowing same-sex marriage in Lesotho. [10]
In 2022, High Court Chief Justice Sakoane Sakoane said the judiciary would be a "key role player" in ensuring equal rights for LGBT people in Lesotho, "In this Kingdom of Lesotho, the [LGBT] community factually exists as part of society. […] There is no local jurisprudence yet on what these rights mean for the [LGBT] community, even though the Constitution guarantees two important rights: the right to respect for private and family life (in section 11) and freedom from discrimination (in section 18)." [11] The Constitution of Lesotho does not expressly address same-sex marriage, but forbids discrimination on various grounds–but not sexual orientation–and states that every person shall be entitled to equal protection under the law. [12] Article 40 of the Constitution grants foreign nationals who have married a Lesotho citizen citizenship after 5 years of cohabitation in Lesotho.
The Anglican Church of Southern Africa, which has one diocese in Lesotho, does not permit same-sex marriages. Its marriage policies state that "holy matrimony is the lifelong and exclusive union between one man and one woman". In 2016, the synod voted against blessing same-sex unions. The decision split the church, with several dioceses deciding to nonetheless proceed with the blessing of same-sex relationships, notably the Diocese of Saldanha Bay. [13] Archbishop Thabo Makgoba expressed disappointment with the decision not to bless same-sex unions, but added that "all is not lost", expressing hope that the matter would be debated again in the future. Former Archbishop Njongonkulu Ndungane also expressed his disappointment with the decision. [14] In 2022, Bishop Vicentia Kgabe signed a statement expressing support for the inclusion of LGBT people in the Anglican Communion. [15] In early 2023, the church once again refused to allow its clergy to bless same-sex unions, but directed the synod to develop "guidelines for providing pastoral ministry to those in same-sex relationships". [16]
No opinion polls have gauged public support for same-sex marriage in Lesotho. However, same-sex marriage being legal in South Africa, which exercises social, political and cultural influence on Lesotho, awareness of same-sex relationships has "increased". [17]
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." "Church of England clergy have appeared to signal support for gay marriage after they rejected a bishops' report which said that only a man and woman could marry in church." 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. South Africa was the fifth country in the world and the first in Africa to legalise same-sex marriage.
Same-sex marriage became legal in British Columbia on July 8, 2003, after a series of court rulings which ultimately landed in favour of same-sex couples seeking marriage licences. This made British Columbia the second province in Canada after Ontario, as well as the second jurisdiction in North America, to legalise same-sex marriage.
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 the opposite sex. These disagreements are primarily centered 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 various 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.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the Central African Republic face legal and social challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is legal in the Central African Republic, but LGBT persons face stigmatization among the broader population.
Lesbian, gay, bisexual, transgender (LGBT) persons in Burkina Faso face legal issues not experienced by non-LGBT citizens. Same-sex sexual acts between men and between women are legal in Burkina Faso.
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–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.
Lesbian, gay, bisexual, and transgender (LGBT) people in Nigeria face severe challenges not experienced by non-LGBT residents. LGBT rights are generally infringed upon; homosexuality is illegal in Nigeria and punishable by up to 14 years of prison in the conventional court system. There is no legal protection for LGBT rights in Nigeria—a largely conservative country of more than 225 million people, split between a mainly Muslim north and a largely Christian south. Very few LGBT persons are open about their sexual orientation, as violence against them is frequent. According to PinkNews, Nigerian authorities generally target the LGBT community. Many LGBTQ Nigerians are fleeing to countries with progressive law to seek protection.
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)-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-LGBT members and they also have specific programs to welcome LGBT people into them, while other groups are mainly composed of LGBT members.
Lesbian, gay, bisexual, and transgender (LGBT) people living in Rwanda face legal challenges not experienced by non-LGBT residents. While neither homosexuality nor homosexual acts are illegal, homosexuality is considered a taboo topic, and there is no significant public discussion of this issue in any region of the country and LGBT persons face stigmatization among the broader population. No special legislative protections are afforded to LGBT citizens, and same-sex marriages are not recognized by the state, as the Constitution of Rwanda provides that "[o]nly civil monogamous marriage between a man and a woman is recognized". LGBT Rwandans have reported being harassed, blackmailed, and even arrested by the police under various laws dealing with public order and morality.
Lesbian, gay, bisexual, and transgender (LGBT) people in Namibia have limited legal protections. Discrimination based on sexual orientation and gender identity is not banned in Namibia, and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.
With the exceptions of South Africa, Cape Verde, and Mauritius, lesbian, gay, bisexual, and transgender (LGBT) rights in Africa are limited in comparison to the Americas, Western Europe and Oceania.
Cambodia does not recognize same-sex marriage or civil unions, but does recognize a registry program known as the "declaration of family relationship", offering limited legal rights to same-sex couples. As of June 2021, the registry has been introduced in 68 communes. Same-sex marriage has received support from King Norodom Sihamoni and his late father, King Norodom Sihanouk.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Lesotho face legal challenges not experienced by non-LGBT residents. Lesotho does not recognise same-sex marriages or civil unions, nor does it ban discrimination on the basis of sexual orientation or gender identity.
India does not recognise same-sex marriage or civil unions. India does not possess a unified marriage law, and as such every citizen has the right to choose which law will apply to them based on their community or religion. Although marriage is legislated at the federal level, the existence of multiple marriage laws complicates the issue. In October 2023, the Supreme Court of India declined to legalise same-sex marriage or civil unions and left the matter to Parliament or the state legislatures to decide.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the Marshall Islands may face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity has been legal in the Marshall Islands since 2005, and discrimination on the basis of sexual orientation and gender identity has been outlawed in all areas since 2019. Despite this, households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples, as same-sex marriage and civil unions are not recognized.
Motsoalle is the term for socially acceptable, long-term relationships between Basotho women in Lesotho. Motsoalle can be translated from Sesotho loosely as "a very special friend." The word, motsoalle, is used to describe the other woman, as in "she is my motsoalle;" and a motsoalle relationship describes the bond between the two women. Motsoalle relationships are socially sanctioned and have often been celebrated by the people of Lesotho. These women's relationships usually occur alongside otherwise conventional heterosexual marriages and may involve various levels of physical intimacy between the female partners. Motsoalle relationships have, over time, begun to disappear in Lesotho.
Same-sex unions are currently not 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 is currently pending in the Parliament of Namibia.
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