Commission defends call for child gay marriages

THE SA Law Reform Commission has defended its proposal to extend the right to get married to gay children, saying its recommendations are straightforward and uncontroversial.

Homosexual minors, like their heterosexual peers under 18, will be able to get married, subject to parental and adult permission, if the commission's proposal is accepted.

Law reform commissioner and Durban attorney Irvin Lawrence said the proposal brings the Civil Union Act into conformity with civil and customary marriages.

"It shouldn't take long to finalise [the revision] because our recommendations are straightforward and uncontroversial, really," Lawrence said.

The commission is revising the legislation administered by the home affairs department and released its 93-page discussion paper for public comment earlier last week.

Interested parties, which Lawrence said include magistrates and universities, have until the end of May to give their input.

Lawrence, who is the revision's project leader, said the proposal on gay children would stop the current situation of different positions applying to heterosexual and homosexual minors. "It ensures the benefits of equal protection under the law," he said. According to Lawrence, the law as it stands, not allowing gay children to get married, is unconstitutional.

In the discussion document, the commission says the Civil Union Act does not allow a minor to enter into a civil union at all and that this exclusion is unconstitutional, unfair discrimination and violates homosexual minors' rights to dignity.

Lawrence said the process would be concluded by the end of this year.

After its completion, the commission will make proposals to home affairs, which will give its input and decide what to do with the recommendations.

On Friday, Sowetan reported that traditional leaders and church elders were opposed to the commission's proposal because they viewed homosexuality as "not the culture of African people" and an "abomination and a sin before God".

The commission is headed by Supreme Court of Appeal Judge Mandisa Maya as chairwoman, with North Gauteng High Court Judge Jody Kollapen as her deputy.

Other commissioners include head of the University of the Witwatersrand's School of Law Professor Vinodh Jaichand, Murray & Roberts chairman Mahlape Sello and law firm Cliffe Dekker Hofmeyr's corporate and commercial director Namhla Siwendu.

sidimbal@sowetan.co.za

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