South Africa
South African gay couples achieving equal rights

afrol News, 11 September - It has been a good week for South Africa's gay and lesbian couples. On Monday, the Constitutional Court ruled that same-sex couples may jointly adopt children. Yesterday, South African insurance giant Sanlam announced it would offer same-sex couples specially adapted services.

The South African Constitution - as the world's only - explicitly guarantees the rights of homosexuals. The country's gay and lesbian couples are however still barred from marrying. Still, this week's progresses make South Africa one of the countries in the world with the most ample rights for same-sex couples. 

Monday's ruling by the highest court in the country said people in "permanent, same-sex partnerships" could provide children with a stable home and the support and affection necessary. The Constitutional Court therefore found the constitutional provision against discrimination on the grounds of sexual orientation to be of more weight than provisions of the Child Care Act banning gay couples from adopting children.

The two lesbian judges, Ann-Marie de Vos and Suzanne du Toit had brought the case for the judiciary, claiming parts of the Child Care Act were unconstitutional. de Vos and du Toit first supported by the Pretoria High Court, which sent the case on to the Constitutional Court.

This is not the first court case won by South Africa's gay community. Only in February, lesbian judge Kathleen Satchwell won the right for her partner to enjoy the same work place benefits as spouses of heterosexual employees. Again, the gay rights provided for in the Constitution were the basis of the ruling. 

Although the South African ANC government had been the opponent in both legal cases, this was not principally based in any anti-homosexual resentment within the ANC, which itself had secured the inclusion of gay rights in the Constitution. 

The government - which officially totally is accepting that "longstanding same-sex relationships" should receive the same benefits as married couples - however fears possible expensive consequences if unmarried heterosexual couples should achieve the same rights. Allowing same-sex couples to marry could therefore be a logical but bold solution for the ANC government.

With or without the right to marry, gay and lesbian couples are slowly assuring themselves of the same rights as married couples. Besides the rights of non-discrimination and adopting children, same-sex couples are struggling to achieve the same economic security as heterosexual married couples. 

Yesterday, a joint venture between the South African insurance and financial services company Sanlam and the privately-owned Q-Financial Network (Qfn), that will supply financial advice to the gay and lesbian community, was launched in Johannesburg, 'Q' (a section of the daily 'Mail and Guardian') reports today. 

Qfn director Shuaib Rahim told 'Q' that because gay and lesbian couples were not allowed to marry, legislation dealt differently with the group regarding wills and estates, medical aid schemes and pension funds. It was therefore "necessary to look at developing a special service for them," he added.

South Africa is the only country on the African continent implementing pro-homosexual policies and legislation. President Thabo Mbeki himself plaid a key role in having gay rights included in the Constitution. In this aspect, Mbeki is on a total - although not outspoken - collision course with his southern African colleagues.

Sources: Based on 'Q', South African courts, press and govt. and afrol archives

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