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Lesotho does not recognise same-sex marriages or civil unions. The Marriage Act, 1974 does not provide for the recognition of same-sex unions.
Historically, Sotho society recognised motswalle relationships formed between women during adolescence. [1] Often, a motswalle relationship was acknowledged publicly with a ritual feast and with the community fully aware of the women's commitment to one another. [2] [3] Motswalle relationships differed from a Western perspective of same-sex relationships. Women in motswalle 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 committed relationships with other women. Women in motswalle 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 motswalle [...] as lesbian." Nevertheless, Spurlin stated that "it might be possible to place motswalle 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, it became exposed to Western culture and homophobia, erasing the motswalle 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 wa Lenyalo, 1974; [7] 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. [8] 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), [9] which was approved by the Parliament of Lesotho in November 2006. [10]
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. [11]
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)." [12] 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. [13] 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 in South Africa. [14] 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. [15] In 2022, Bishop Vicentia Kgabe signed a statement expressing support for the inclusion of LGBT people in the Anglican Communion. [16] 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". [17] In May 2024, Archbishop Makgoba released a document recommending prayers for same-sex couples, [18] which the synod rejected in September. [19]
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". [20] [21]
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". [22]
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.
Same-sex marriage has been legal in British Columbia since July 8, 2003, after a series of court rulings in Barbeau v. British Columbia which ultimately landed in favour of same-sex couples seeking marriage licences. This made British Columbia the second province in Canada, the second jurisdiction in North America and the fourth in the world, after the Netherlands, Belgium and Ontario, 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 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 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.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in South Africa have the same legal rights as non-LGBTQ people. South Africa has a complex and diverse history regarding the human rights of LGBTQ 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.
Thabo Cecil Makgoba KStJ is the South African Anglican archbishop of Cape Town. He had served before as bishop of Grahamstown.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Lesotho face legal challenges not experienced by non-LGBTQ 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.
Nigeria does not recognize same-sex marriages or civil unions. 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.
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 marriage has been legal in Saint Helena, Ascension and Tristan da Cunha since 2017. An ordinance to open marriage to same-sex couples in Saint Helena was passed by the Legislative Council in a 9–2 vote on 19 December 2017. It went into force the following day, and the first same-sex marriage was performed on 31 December 2018. Same-sex couples have also been able to marry in Ascension Island since 1 January 2017 and in Tristan da Cunha since 4 August 2017.
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.
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.
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.
Botswana does not recognize same-sex marriages or civil unions. The Marriage Act, 2001 does not provide for the recognition of same-sex unions.
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.
Status of same-sex unions around the world | ||
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| Antarctica |
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