A brief overview of the Civil Union Act
Abstract
The adoption of the Constitution of the Republic of South Africa, 1996 (the
Constitution) has provided a sound framework for the elimination of
discrimination and prejudice against all members of our society. The
Constitution provides for equal recognition of the right to freedom of religion
and sexual orientation within the framework of the right to equality. This note
aims to provide a brief overview and analysis of the general and potentially
problematic features of the Civil Union Act 17 of 2006 (the Act) in the context of
equality, generally and within realm of the constitutional protection afforded to
everyone in South Africa. This contribution is limited to an examination of the
quality of the legal protection accorded to same-sex couples as envisaged in
the Act, and not to an analysis of the nature of the institution of marriage itself
or the theological and social dimensions of same-sex marriages.