The constitutionality of the civil union act 17 of 2006 core. Civil union act no 17 of 2006 saflii home saflii books pdf. The civil union act 17 of 2006 commenced on 30 november 2006 and provides for the solemnisation of civil unions either in the form of a marriage or a civil partnership. The civil union act, 2006 came into effect on 30 november 2006, with the aim to provide for the solemnization of civil unions by way of either a marriage or civil partnership, the legal consequences of civil unions and incidentals. In terms of the civil unions act 17 of 2006, a civil union is defined as a voluntary union between two persons of the same sex or of opposite sexes, older than the age of 18, solemnised and registered either by way of marriage or civil partnership. Civil unionsgeneral 1 a civil union is a legally recognised relationship 5 that, subject to this act, may be entered into by any two people, regardless of their gender. The civil union act, 2006 act no 17 of 2006 which accords same sex couples the same rights and status as. The title of these regulations is the unions of equivalentcitation. The legislature responded by enacting the civil union act 17 of 2006. The civil union act extended the recognition of marriage rights to samesex couples and. The legislation was adopted as a direct response to a landmark decision made by the constitutional court. This act applies to civil union partners joined in a civil union. The object of this study was to investigate whether and to what extent there are grounds to consider the civil union act unconstitutional.
Civil unions act 2006 page 3 authorised by the act parliamentary counselalso accessible at. Commissioner means the commissioner of labor and workforce development. This led to the recognition of samesex life partnerships and, inevitably, samesex marriage by means of a civil union act 17 of 2006. A perspective on marriages and civil unions in south. B e it enacted by the parliament of the republic of south africa, as follows. Aug 05, 2011 the legislature responded by enacting the civil union act 17 of 2006. In these regulations, unless the context otherwise requires. According to section 1 of the act, a civil union means the voluntary union of two persons who are both 18 years of age or older, which is solemnised and registered by way of either a marriage or a civil partnership. Civil unions bill 2006 page 5 authorised by the act parliamentary counselalso accessible at. To amend the civil union act, 2006, by repealing a section. The object of this study is to investigate the scope of the legal consequences provided to samesex couples by the civil union act 17 of 2006 and to determine the legal standing of samesex couples who fall outside the ambit of the act. The legislation was adopted as a direct response to a landmark decision made by. Home affairs on civil union act south african government.
Supreme court of the united states amazon web services. Civil union means a civil union as defined in section 2 of p. Whereas section 91 of the constitution of the republic of south africa. Formalities for marriage in south africa family law. Aug 21, 2019 civil union means the voluntary union of two persons who are both 18 years of age or older, which is solemnised and registered by way of either a marriage or a civil partnership, in accordance with the procedures prescribed in this act, to the exclusion, while it lasts, of all others. The legal consequences of a marriage under the civil union act are the same as those of a marriage under the marriage act. This act provides for the solemnization and registration of a civil union in. Samesex unions in the united states are available in various forms in all states and territories, except american samoa. To provide for the solemnisation of civil unions, by way of either a marriage or civil partnership. In this act, unless the context otherwise requires interpretation. Nov 26, 2012 in terms of the civil unions act 17 of 2006, a civil union is defined as a voluntary union between two persons of the same sex or of opposite sexes, older than the age of 18, solemnised and registered either by way of marriage or civil partnership. South africa became one of very few countries to give legal protection and marriage benefits to partners in samesex relationships and passed the civil union act 17 of 2006.
Be it enacted by the senate and house of representatives in general assembly convened. Note 1 the naming and commencement provisions automatically commence on. Civil unions act 2006 page 5 authorised by the act parliamentary counselalso accessible at. 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.
Prohibition of solemnisation of civil union without production of identity document or p. Antenuptial contracts and the civil unions act schoemanlaw inc. Nos 12144, 12307 n he supreme court of the united states. The preamble to the act acknowledges that the previouslyexisting family law dispensation failed to provide for samesex couples to enjoy the status and benefits coupled with the responsibilities that marriage accords heterosexual couples. The marriages act v the civil unions act hogan lovells. This act provides for the solemnization and registration of a civil union in the form of either a marriage or a. Restriction of application of sections 12,16,17, and 18. Rather than amending the marriages act, which still permits marriage exclusively for heterosexual individuals, the new civil unions act allows any two persons to conclude a.
The south african civil union act 17 of 2006 byu law digital. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. The legislation was passed in response to the new jersey supreme courts decision in lewis vs. Acting president, ms phumzile mlamboncquka, has signed into law the civil union bill with effect from 30 november 2006. This page has been automatically archived by a robot. This act is called the civil union act, 2006, and comes into operation on 30 november 2006 or an earlier date fixed by the president by proclamation in the gazette. Nov 12, 2014 the civil union act, 2006 came into effect on 30 november 2006, with the aim to provide for the solemnization of civil unions by way of either a marriage or civil partnership, the legal consequences of civil unions and incidentals. In august 2012, the act s civil unions bill passed after legal advice that the federal government had removed its ability to legislate for territorial and state samesex marriage after it defined marriage as only. The constitutional inquiry will include a critical analysis of the effect of the act on the constitutional rights of samesex couples. All states have legal samesex marriage, while others have the options of civil unions, domestic partnerships, or reciprocal beneficiary relationships. Act civil unions act invalidated by governor general.
Jun, 2006 matters pertaining to the civil unions act 2006 act the governorgeneral of the commonwealth of australia, june, 2006 share this. I29 2006 bill 3 lc circulation 9 2006 part 2 civil unions division 1general 5. As a result of this decision, parliament was afforded 12 months from the date of judgment to correct these defects. The list shown in the schedule contains those civil unions which, in the opinion of the minister, are unions of equivalent status to civil unions as provided for in the act. This act caters for a specific form of marriage, providing for both opposite and samesex couples. According to section 1 of the act, a civil union means the voluntary union of two persons who are both 18 years of age or older, which is solemnised and registered by way of either a marriage or a civil partnership, in. This act is called the civil union amendment act, 2017, and takes effect on a date fixed by the president by proclamation in the gazette. Rather than amending the marriages act, which still permits marriage exclusively for heterosexual individuals, the new civil unions act allows any two persons to conclude a marriage relationship. Both prospective spouses must be at least 18 years of age. It allows two people, regardless of gender, to form either a marriage or a civil partnership.
This act authorizes same sex couples to enter into civil unions, granting them the same legal benefits, protections, and responsibilities as married couples. On 30 november 2006, south africa made world headlines when it became the fifth country in the world and the first in africa to legalise marriage between two people of the same sex under the civil union act. It includes all amendments made to the act up to the 1st february, 2006, i. N ntlama per pelj 20101 191 234 a brief overview of the civil union act n ntlama 1 introduction following the adoption of the civil union act 17 of 2006 civil union act on 1 december 2006, south africa became one of very few countries to confer legal protection and marriage benefits on partners in samesex relationships. New effective october 1, 2005 for the purposes of sections 1 to 15, inclusive, of this act. Chapter 530 civil unions act to regulate civil unions and to provide for matters connected therewith or ancillary thereto. Samesex marriage in the australian capital territory wikipedia. The decision of the constitutional court in the case of minister of home affairs v fourie on 1 december 2005 extended the commonlaw definition of. Art no 17 20m, to provide for the solemnisation of civil unions by way of either a marriage or civil. The constitutional court ruled that it was unconstitutional for the state to provide the bene. In terms of this act, marriage is no longer restricted to persons of the opposite sex. Civil unions general 1 a civil union is a legally recognised relationship 5 that, subject to this act, may be entered into.
Powerpoint presentation on civil union act, 2006 act no. Th e civil union act 17 of 2006 provides a framework for people of the same gender to formalise and legalise their relationship through a civil union1. Marriage, civil unions, christian perspective, freedom of religion, freedom of association. With acts you are guaranteed the latest and most up to date resource for your legislative needs. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. The act was subsequently repealed as a result of the territorys implementation of the civil unions act 2012. Unions of equivalent status to civil unions regulations 20th june, 2014 legal notice 209 of 2014. Samesex marriage in south africa has been legal since the civil union act came into force on 30 november 2006. Samesex marriage was legalized on october 7, 2014 designated beneficiary agreements grant limited rights, such as hospital and jail visitation rights, control of funeral arrangements, death benefits, and. Marriage officer not compelled to solemnise civil union. Designation of ministers of religion and other persons attached to religious denominatio. The act was enacted as a consequence of the judgment of the constitutional court in the case. Civil union act updated to 30 november 2006 act 17 of 2006 gon 1208, g.
The short title of this act is the civil unions act. Civil union act, 2006 wikisource, the free online library. Civil union act 17 of 2006 south african government. Recognition of samesex unions in colorado wikipedia. In response, the civil union act 17 of 2006 came into operation on 30 november 2006. I292006 bill 3 lc circulation 92006 part 2civil unions division 1general 5. Edith schlain windsor, in her capacity as executor of the estate of thea clara spyer, and bipartisan legal advisory group of the united states house of representatives, respondents. Federation of trade unions xvii discharge xviii goslow.
49 1246 667 395 1235 627 599 1536 718 504 1477 823 141 230 928 1374 1462 610 1453 221 1392 1171 1451 989 1163 528 476