The South African Civil Union Act 2006: Progressive Legislation With Regressive Implications?

Smith, Bradley S.; Robinson, JA

doi:10.1093/lawfam/ebn011

Cited by 9 publications

(1 citation statement)

References 5 publications

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“…The provisions of the Civil Union Act differ from those of the Marriage Act in two ways: first, it gives couples the option of whether they wish their union to be called a marriage or a civil partnership (de Vos, 2007, p. 461); and second, the Civil Union Act allows officers to refuse to marry same-sex couples on grounds of belief (de Vos, 2007, p. 462) 12 . While only different-sex couples may be married under the Marriage Act, the language of the Civil Union Act, which has been criticised for its poor drafting (see Smith and Robinson, 2008, p. 380), is ambiguous as to whether it is open to different-sex couples as well as same-sex couples.…”

Section: Marriage In South Africamentioning

confidence: 99%

Ambiguous symbolisms: recognising customary marriage and same-sex marriage in South Africa

Barker

2011

International Journal of Law in Context

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In this article I draw on the South African legal context to critique the argument that same-sex marriage would provide ‘equal recognition’ for same-sex relationships. I highlight the ways in which, despite strong equality provisions in the South African Constitution and an apparent commitment to substantive rather than merely formal equality, both customary marriage and same-sex marriage continue to be subordinate to heterosexual civil marriage. I then broaden my analysis to consider the extent to which this would also be the case in other jurisdictions, particularly the UK. Drawing on the Butler/Fraser debate on recognition and redistribution, I argue that there is a connection between misrecognition and material disadvantage that goes unacknowledged in ‘symbolic recognition’ claims for same-sex marriage. The critiques of ‘marriage equality’ should sound a warning not only to same-sex marriage advocates but also more generally to those who would seek ‘equal recognition’ through law reform.

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Section: Marriage In South Africamentioning

confidence: 99%

Ambiguous symbolisms: recognising customary marriage and same-sex marriage in South Africa

Barker

2011

International Journal of Law in Context

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South African Family Law and the Chimera of Diversity

Louw¹

2019

The Cambridge Companion to Comparative Family Law

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South African contributions to LGBTI education issues

Jones

2018

Sex Education

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South Africa stands out in the African region for its protection of lesbian, gay, bisexual, transgender and intersex (LGBTI) rights. This article examines South Africa's contributions to local policy for LGBTIs and to work on LGBTI issues in education policy and education rights progress internationally. It also considers broader South African contributions to the theorisation of gender and sexuality. Data derive from an analysis of 102 interviews with key informants participating in high-level global networking for LGBTI students' rights, and documentary analysis showing how stakeholders characterise South African contributions to transnational LGBTI education work. Informants identified how such contributions have a strong human rights emphasis, furthering post-colonial resistance to simplistic gender and sexuality classification schema imposed via imperial colonising dynamics. While South African work in this area has also promoted and facilitated research, it has at times been limited by ambivalence from its leadership. The nation's early adoption of constitutional rights, relationship rights and educational equity provisions as acts of decolonisation contribute valuable African LGBTI work examples to the region. Their success encourages further funding for South-South transnational LGBTI education work.

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The South African Civil Union Act 2006: Progressive Legislation With Regressive Implications?

Cited by 9 publications

References 5 publications

Ambiguous symbolisms: recognising customary marriage and same-sex marriage in South Africa

Ambiguous symbolisms: recognising customary marriage and same-sex marriage in South Africa

South African Family Law and the Chimera of Diversity

South African contributions to LGBTI education issues

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