South Africa to legalize queer poly marriages

Neighboring Namibia threatens democracy and rule of law to block same-sex marriage

Yesterday I said it was a slow news week, and today I have five countries advancing advancing or rescinding same-sex marriage progress… but before we dive in:

Here in Hollywood, the Screen Actors Guild leadership has decided to join the Writers Guild of American in striking for better pay and working conditions. I wrote for the Los Angeles Blade about what queer actors are saying is at stake at the strike begins.

Liechtenstein’s government has approved a draft equal marriage bill that will be sent out for consultations until October with debate set to begin in parliament in December or early next year. Parliament voted last year to ask the government to introduce marriage equality, so this is likely a slam dunk. There was earlier some speculation that the government would hold this bill up to appease the Prince, who had previously threatened a veto, but it seems to be full stream ahead — albeit at the leisurely pace of legislation in Alpine countries. I would expect a final vote in 2024 with the law to take effect in 2025.

But in Namibia, the National Assembly overwhelmingly (some reports say unanimously, but I haven’t seen a vote count) passed a pair of private members bills that are designed to prevent recognition of same-sex marriages, in response to a May Supreme Court ruling requiring the government to recognize foreign same-sex marriages for immigration purposes. The bills go beyond just defining “spouse” and “marriage” in law heterosexually. They also define people by sex at birth, and criminalize the performance, witnessing, and advocacy for same-sex marriage with up to six years in prison. This is a blatantly unconstitutional law, and a dramatic and draconian attempt to stifle free speech and expression.

Before it becomes law, it must be approved by the National Council and signed by the president before it becomes law (the president’s approval is not necessary if it passes both houses by 2/3 vote).

The move has led to criticism from the Ombudsman (a sort of human rights commissioner) while LGBT activists have said they’re prepared to go to court to have the law overturned. That’s prompted some legislators to threaten to amend the constitution to weaken the judiciary — which should help indicate the real endgame anti-LGBT bigots have in mind.

Meanwhile, in neighboring South Africa, the government has approved a new unified Marriage Bill, which will harmonize the country’s disparate marriage laws and end various forms of discrimination embedded within them. For example, the bill proposes to end the current system in which when a person married in a heterosexual union goes through a gender transition, they are forced to divorce and remarry under the country’s Civil Union Act (for same-sex couples). It will also extend traditional polygamous marriage to same-sex and queer partners – currently, traditional law only covers polygamous marriages premised around heterosexual patriarchy. The bill is under consultation through August before being debated in Parliament.

Also in the region, thousands of anti-LGBT religious activists demonstrated in Malawi today, as the Supreme Court is set to begin hearings challenging the country’s sodomy law and ban on same-sex marriage. The cases in question concerns a local trans woman who was sentenced to eight years in prison for sodomy in 2021, and a Dutch national who is on trial separately.

Municipalities in Japan’s Chiba prefecture have decided to recognize each other’s same-sex partnership certificates, in absence of a prefecture-wide registry or a national equal marriage law.

And Thailand’s Parliament deadlocked on selecting its new Prime Minister, following elections that swept reformists into majority control of the lower house. Under the military-authored constitution, the government, however, needed support from a combined majority of both houses, including the military-dominated upper house, and the coalition failed to win support from enough Senators to take power. Among other reforms, the progressive reformists have pledged to introduce same-sex marriage. Parliament will meet again next Wednesday and Thursday for a second round of votes. In the meantime, the only candidate for Prime Minister so far is also facing what appear to be trumped-up charges designed to bar him from office.

Bermuda’s Royal Gazette has a report on the challenge filed at the European Court of Human Rights over that territory’s revocation of same-sex marriage.

A Texas justice of the peace is using the Supreme Court’s recent 303 Creative decision, which found that creative businesses cannot be compelled not to discriminate against LGBT people when it goes against the business’s religious beliefs, to sue for her right to deny marrying same-sex couples. This case seems like a severe stretch, but decades of radical right-wing judicial activism means anything’s possible.

DeKalb County, Georgia passed a comprehensive non-discrimination law. DeKalb is part of suburban Atlanta, and the ordinance will cover incidents in unincorporated parts of it.