Same-Sex Marriage in South Africa | Civil Union Amendment Act, 2020

President Cyril Ramaphosa signed the Civil Union Amendment Act into law, which came into immediate effect on 22 October.

While same-sex and same-gender couples were able to marry, and despite having constitutional protection against discrimination on the basis of sexual orientation and gender, Section 6 of the Civil Union Act allowed marriage officers to refuse to solemnise same-sex and same-gender unions because of their religious beliefs.

The Civil Union Amendment Act repeals Section 6 in its entirety. This means that marriage officers who are employed by the State cannot refuse to solemnise a civil union on the grounds of conscience, religion or belief.

The Minister of Home Affairs is also mandated under this legislation to ensure that there is a marriage officer available to solemnise a civil union at every Department of Home Affairs office across the country. 

Civil Union Amendment Act 8 of 2020: https://www.gov.za/sites/default/files/gcis_document/202010/43832gon1108.pdf

Civil Union Act 17 of 2006: http://www.saflii.org/za/legis/num_act/cua2006139.pdf 

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Zoey 

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