South Africa Court Hears Arguments to Reject Same-Sex Marriage

A hearing for an application to reverse a Supreme Court of Appeal ruling that legalises same-sex marriage was held at the Constitutional Court of South Africa on Tuesday. Under pressure from churches, especially many of Africa's Anglican bishops who strongly defend marriage as a relationship between a man and a woman, the Constitutional Court yesterday heard arguments stating that homosexuality is against the Bible and so same-sex unions should not be allowed.

According to the report of a local newspaper News24, John Smyth of a conservative group Doctors For Life said, "There is no escaping the fact that in both testaments homosexual acts are condemned in very strong language."

He also asserted that legalised same-sex unions would cause "violence to the mind and spirit" of deeply religious people and would discriminate against them. He quoted sections of the Bible according to which God said that a man and a woman must "cleave" together to procreate.

Another Judge Kate O'Regan said that marriage was sacred, not just because of religious texts.

However, Judge Albie Sachs then interjected to say it would be a "worrying day" if judges were asked to give meaning to religious texts, reported News24.

The government of South Africa has been fighting with this court case since a lesbian couple challenged the court to legalise same-sex unions, claiming that homosexuals should have the same right to get married as the other citizens in the country.

Last year the Supreme Court of Appeal ruled that the common law must be developed to allow same-sex marriages without instruction from the Department of Home Affairs. Therefore, the Department of Home Affairs argued that the Appeals Court violated the rule of the separation of powers by usurping Parliament's power.

Prior to the hearing at the Constitutional Court yesterday, the Anglican Church of the Province of Southern Africa issued a statement to address clergy and the public on the matter of marriage and same-sex relationships in concluding the Bishops’ meeting on 5th May.

The Church said that the decision of the Supreme Court of Appeal of South Africa on same-sex marriages should not cause alarm among Anglicans. The Church said its position was clear in the Marriage Service in the Anglican Prayer Book and in its canons - the laws governing the Church.

The statement quoted Canon 34 of Holy Matrimony, "The Church of the Province of Southern Africa affirms that marriage by divine institution is a lifelong and exclusive union partnership between one man and one woman."

Therefore, the partnership between two persons of the same sex cannot be regarded as a marriage in the eyes of God, and that consequently the Church do not recognise or bless such liaisons.

The bishops further said the extension of the common-law definition of marriage did not compel any religious denomination or minister of religion to approve or perform same-sex marriage.