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Government approves law allowing same-sex unions; Law depends only on Parliament

South Africa may be the first African country to formalize same-sex unions. The change in the law was approved by the Government this Thursday, pending ratification by Parliament. The reform should pass Parliament without any difficulties by the end of the year, as the Government has a majority. “This proposal takes into account the ruling of the Constitutional Court, which found the definition of the 1961 Common Law on Marriages to be unconstitutional,” said Government spokesperson, Themba Maseko. Last December, the Constitutional Court of South Africa considered the law prohibiting same-sex unions to be unconstitutional. At the time, the court stipulated that the Government should carry out the necessary reforms by December 1st. With the reform in legislation, homosexual couples will have the same status, benefits and responsibilities as heterosexual couples. “The new law also recognizes legal unions between adults, whether of the same sex or not, although there is no registration of a marriage or civil relationship,” the spokesperson added. Controversy Although the reform is being processed without major difficulties, the law must encounter administrative obstacles. In addition to adapting the registration information system, which is already being done by the Government, the reform will address the mentality of employees at the Ministry of the Interior. “Many people who work at the Home Office have strong religious convictions, and can impose difficulties in registering same-sex marriages,” said gay rights activist Crystal Cambanis. The Government spokesperson acknowledged that the law will generate a great public debate, but stated that “the decision of the Constitutional Court must be respected by everyone”.

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