Lumiere Charity: SOUTH AFRICA: RELIGIOUS MARRIAGE OFFICERS POTENTIALLY AFFECTED BY GREEN PAPER ON MARRIAGES

SOUTH AFRICA: RELIGIOUS MARRIAGE OFFICERS POTENTIALLY AFFECTED BY GREEN PAPER ON MARRIAGES.

The proposed Green Paper on Marriages has posed the concern that, if accepted, it may adversely affect the consciences of religious ministers.

Under the heading of 'Limitations of the Marriage Act', The Green Paper on Marriages states:

"According to the the Marriage Act, a marriage officer who is a minister of religion or a person holding a responsible position in a religious denomination or organisation may refuse to solemnise a marriage that would not conform to the rites, formularies, tenets, doctrines or discipline of his religious denomination or organisation. This provision lends itself to discriminatory behaviour disguised as religious doctrine," (page 29) Alleged News. [1]

FREEDOM OF RELIGION SOUTH AFRICA

Freedom of Religion South Africa (FOR SA), a non-profit, legal advocacy organisation dedicated to upholding the rights to religious freedom conferred by the South African Constitution, [2] states that the purpose of this policy is to establish a policy foundation for regulating the marriages of all persons that reside in SA. [3]

The policy itself will be followed by a single Marriage Act, that will enable South Africans and residents of all sexual orientations, religious and cultural persuasions to conclude legal marriages that will accord with the principles of equality, non-discrimination, human dignity and unity in diversity, as encapsulated in the Constitution, Alleged News. [3]

From a religious freedom point of view, FOR SA is concerned that the draft Marriage policy will potentially force religious marriage officers (of whatever faith) to solemnise marriages which are contrary to their, and/or their organisation's, religious convictions and beliefs; Alleged News. [3]

POLYANDRY

The draft Marriage policy proposes that polyandry (id est one woman marrying more than one man) be legally recognised as a form of marriage. (pp 48-49); Alleged News. [3]

RELIGIOUS FREEDOM

South Africans are people of faith who have deep respect for the holy faiths which acknowledge Reality higher than humanity. There is strong pushback in South Africa for the retention of the right of religious marriage officers to solemnise marriages that conform to the rites, formularies, tenets, doctrines or discipline of his or her religious denomination or organisation, on the grounds of the basic rights with regard to religion contained in the South African Constitution.

To this end, comments are being submitted to the Director General of the Department of Home Affairs in South Africa by concerned parties.

Chapter 2 of the Constitution of South Africa, the Bill of Rights, contains a number of provisions dealing with religious freedom; Alleged News. [4] Section 15 states that everyone has the right to freedom of conscience, religion, thought, belief and opinion; Alleged News. [4]

PROTECTION OF CONSTITUTIONAL RIGHTS

FOR SA has made a comprehensive submission to the Department of Home Affairs, arguing that the constitutional rights of religious marriage officers should be explicitly protected in any Marriage Act that will ultimately be adopted, and that they should have the right only to solemnise marriages that conform to their / their religious organisations' convictions and beliefs; Alleged News. [3]

This is in line with the position in other democracies around the world (including the United Kingdom, Australia, Canada and New Zealand), as well as countries on the African continent, which explicitly protect the religious freedom rights of religious marriage officers and the organisations to which they belong; Alleged News. [3]

WHY NOT SUBMIT A COMMENT

BY 30 JUNE 2021?

FOR SA strongly encourages comments to be submitted on the draft Marriage policy. A template submission that FOR SA has prepared for organisations and individuals who want to make a submission respectively is available at

https://forsa.org.za/religious-marriage-officers-to-potentially-solemnise-all-marriages/

Submissions can be emailed to the Director-General: Department of Home Affairs (For Attention: Mr Sihle Mthiyane, Chief Director: Policy and Strategic Management )

at marriagegreenpaper@dha.gov.za by no later than 30 June 2021 (the deadline for submissions).

DEMOCRACY IS THE RIGHT TO

RELIGIOUS FREEDOM!