The South African Council of Churches (SACC) welcomes the publication of the South African Law Reform Commission's Discussion Paper on Domestic Partnerships. The General Secretary of the SACC, Dr. Molefe Tsele, has written to all of the Council's members to urge them to study the policy options set out in the document and to take part in the consultative process that the Commission has devised to stimulate public discussion of the various policy options it has proposed.

The General Secretary's letter reminded churches that the SACC had taken a leading role in working for a legal framework that offers equal protection to all people. This principle is captured in the equality clause of the South African Constitution (sec. 9). He noted that the Law Reform Commission was not mandated to reassess this provision, but rather to consider the most appropriate, effective and sensitive way of giving it legal force.

The SALRC Discussion Paper addresses a number of thorny and emotive issues, including the matter of same-sex relationships. In this regard, the Commission discusses three possible ways in which the state could provide for orderly recognition of long-term same-sex relationships. These are:

• Extension of the common law definition of marriage to include same-sex couples;
• Separation of religious and civil marriage;
• Creation of a new institution called a "civil union".

Dr. Tsele pointed out that the state's obligations differ from the obligations incumbent on churches. "Although the Constitution prohibits anyone from discriminating unfairly on any of the grounds mentioned above, it also protects the right to freedom of conscience, religion, thought, belief and opinion. As a result, courts have typically been reluctant to challenge the theological beliefs and practices of churches. In short, state recognition of long-term same-sex relationships … will not compel churches to bless or condone such relationships," he wrote.

The SACC noted that the Commission has invited written comments on its Discussion Paper by 1 December 2003. In addition, the Commission will hold a series of consultative workshops around the country during October to facilitate further public debate.

The complete text of the Commission's Discussion Paper is available on the web. For more information, contact Rev. Keith Vermeulen, 072 482 5524.