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By Scott Bobb
Johannesburg
14 November 2006
In South Africa, the National Assembly has passed a law legalizing same sex unions. The first such law in Africa, it sparked heated debate for months.
Participants take part in Johannesburg's 17th Gay Pride parade, Sept. 30, 2006
The South African parliament Tuesday overwhelmingly passed a law allowing same-sex unions.
The deputy chairperson of the National Council of Provinces, Peggy Hollander, announced the vote.
"The voting session is now closed and the result of the division is as follows: the ayes 230, the nos 41 and abstentions three."
The law, known as the Civil Union Act, was condemned1 by religious groups and traditional leaders and criticized by gay rights groups as insufficient2.
It passed because the ruling African National Congress instructed its delegates to vote for it without exception.
A researcher at Johannesburg's Center for Applied3 Legal Studies, Beth Goldblatt, says nevertheless the law represents an important step for civil rights in South Africa.
"I am pleased that there is finally legislation which permits same-sex couples to marry, but I have some concerns that this legislation is inadequate4, poorly drafted and not quite what would have been the ideal solution," she said.
South Africa's Constitutional Court one year ago decided5 that the existing marriage law was unconstitutional because it discriminated6 against same-sex couples. It ordered the government to provide new marriage legislation by December 1.
Goldblatt says the simplest solution would have been to amend7 the marriage act to allow same-sex marriages. But she says the parliament has created a new institution.
She says the legislation provides the same protections as the marriage law, but that it is a separate, parallel law.
"So although there is no actual difference in the consequences of the law it still seems to be saying that if you are a same-sex couple you cannot use the marriage act that is provided for heterosexual couples and that seems to offend the same-sex couples' dignity," she said.
Women greet one another at a Gay Pride March in Soweto, Sept. 23, 2006
As a result, Goldblatt predicts that gay rights groups will challenge the constitutionality of the Civil Union Act.
The new law also includes a provision that allows marriage officials to refuse to carry out the ceremony on religious or personal grounds.
Gay rights activists8 say this measure discriminates9 against them and is therefore unconstitutional.
Religious groups and traditional leaders have proposed amending10 the South African constitution to forbid same-sex marriages.
But many believe this will be difficult to carry out because of widespread support for individual freedoms in a country where the memories of the apartheid era are still fresh.
1 condemned | |
adj. 被责难的, 被宣告有罪的 动词condemn的过去式和过去分词 | |
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2 insufficient | |
adj.(for,of)不足的,不够的 | |
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3 applied | |
adj.应用的;v.应用,适用 | |
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4 inadequate | |
adj.(for,to)不充足的,不适当的 | |
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5 decided | |
adj.决定了的,坚决的;明显的,明确的 | |
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6 discriminated | |
分别,辨别,区分( discriminate的过去式和过去分词 ); 歧视,有差别地对待 | |
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7 amend | |
vt.修改,修订,改进;n.[pl.]赔罪,赔偿 | |
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8 activists | |
n.(政治活动的)积极分子,活动家( activist的名词复数 ) | |
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9 discriminates | |
分别,辨别,区分( discriminate的第三人称单数 ); 歧视,有差别地对待 | |
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10 amending | |
改良,修改,修订( amend的现在分词 ); 改良,修改,修订( amend的第三人称单数 )( amends的现在分词 ) | |
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