| Part of the LGBT rights series |
 LGBTQportal |
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.
While many modern-day Zimbabwean 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] In the 1990s, Canadian researcher Marc Epprecht wrote about pederastic marriages in colonial Zimbabwe. Contemporary oral evidence suggests that same-sex relationships were "common" and "prevelant" in Zimbabwe in the early 20th century, with research by Epprecht estimating that between 70% and 80% of men at the mines took on male sexual partners. It was during this time through the mining compounds and the influence of the Zulu language that the contemporary term ngochani, meaning "homosexual", entered the Shona language. [2] 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". Epprecht further wrote that "enabling migrant men to conserve their health and resources against the temptations of [local] women [in towns near the mines], ngochani strengthened their ability to shore up proper, fecund marriages [back home]". [3] This practice gradually disappeared as Zimbabwe became more modernized and exposed to Western culture and homophobia in the 20th century. [4]
Among the San peoples, marriage (Tshwa: se tcu) [5] is generally between a man in his twenties and a girl in her teens, though polygamy is common. [6] Evidence suggests that same-sex sexual activity was previously "common and relatively accepted" by the San peoples. [7]
Although in very close proximity, South Africa and Zimbabwe have contrasting political histories in their post-colonial states with regard to LGBT rights. While South Africa's post-apartheid state entrenched LGBT rights in its constitution and legalised same-sex marriage in November 2006, making it the first African nation and the fifth in the world to recognise same-sex marriages, Zimbabwe's post-independent state has strongly opposed homosexuality and same-sex unions. Gays and lesbians experience severe societal and legal discrimination in Zimbabwe, often fleeing to South Africa "to enjoy greater freedom". [8]
The Marriages Act (Shona : Mutemo weWanano; [9] Northern Ndebele : uMthetho woMtshado), [a] enacted in 2022 by the Parliament of Zimbabwe, defines civil marriage as "[being] monogamous, that is to say, it is the lawful union of two persons to the exclusion of all others and no person may contract any other marriage during the subsistence of a marriage under the general law." Although it does not explicitly forbid same-sex marriages, it generally refers to married spouses as "man" and "woman". Civil partnerships, legalised with the passage of this new law in 2022, are explicitly defined as being between "a man and a woman" who are both over the age of eighteen years, and have lived together on a genuine domestic basis without legally being married. [15] However, Article 78 of the Constitution of Zimbabwe contains an explicit ban on same-sex marriages: [16]
Persons of the same sex are prohibited from marrying each other. [b]
This ban was introduced in 2013 following the adoption of a new constitution. The previous constitution enacted in 1980 did not contain such a ban. [19] The new constitution was presented to Parliament on 5 February 2013 and subsequently approved in a referendum on 16 March 2013. [20] Parliament approved it on 9 May and President Robert Mugabe signed it into law on 22 May 2013.
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. [21] However, the Zimbabwe Catholic Bishops' Conference issued a statement on 22 December that "locally, many Catholics and those who look up to the Catholic Church are asking questions and wondering if the declaration marks a paradigm shift in the doctrine of the Church on marriage. While we have great appreciation of the declaration and the guidance it gives on blessings, we are also sensitive to the anxiety and confusion that has arisen. We would like to reiterate that the declaration is not about the change of the doctrine on marriage and neither is it about an approval of same sex unions in the Church. It is about blessings. In respect of the law of the land, our culture and for moral reasons we instruct pastors to desist from actions that may be deemed as the blessing of same-sex unions bringing confusion and even scandal to our people." [22] [23]
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 Synod, which include parts of Zimbabwe. [24] 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. [25] [26] 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.
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 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 Zimbabwe face legal challenges not experienced by non-LGBTQ residents. Since 1995, the Government of Zimbabwe has carried out campaigns against LGBTQ rights. Sodomy is classified as unlawful sexual conduct and defined in the Criminal Code as either anal sexual intercourse or any "indecent act" between consenting adults. Since 1995, the government has carried out campaigns against both homosexual men and women.
The relationship between the Catholic Church and homosexuality is complex and often contentious, involving various conflicting views between the Catholic Church and some in the LGBTQ community. According to Catholic doctrine, solely having same-sex attractions itself is not considered inherently sinful; it is the act of engaging in sexual activity with someone of the same sex that is regarded as a grave sin against chastity. The Church also does not recognize nor perform any sacramental marriages between same-sex couples. However, the Catechism of the Catholic Church emphasizes that all same-sex individuals must "be accepted and treated with respect, compassion, and sensitivity," and that all forms of unjust discrimination should be discouraged and avoided at all cost.
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.
Many views are held or have been expressed by religious organisation in relation to same-sex marriage. Arguments both in favor of and in opposition to same-sex marriage are often made on religious grounds and/or formulated in terms of religious doctrine. Although many of the world's religions are opposed to same-sex marriage, the number of religious denominations that are conducting same-sex marriages have been increasing since 2010. Religious views on same-sex marriage are closely related to religious views on homosexuality.
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.
Dissent from the Catholic Church's teaching on homosexuality has come with a number of practical and ministerial arguments from both the clergy and the laity of the Catholic Church. The Catholic Church teaches that while being gay is not a sin in and of itself, any sex outside of marriage, including between same-sex partners, is sinful, and therefore being gay makes one inclined towards this particular sin.
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.
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.
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 | ||
|---|---|---|
| Africa |  | |
| Americas | ||
| Asia | ||
| Europe |
| |
| Oceania |
| |
| Antarctica |
| |
| Same-sex marriage prohibited by constitutional amendment |
|
|---|---|
| Same-sex marriage and civil unions prohibited by constitutional amendment | |
