South Africa's New Marriage Bill Dredges Up Old Hate
South Africa's new Marriage Bill, which aims to integrate the Marriage Act, the Recognition of Customary Marriages Act, and the Civil Union Act, has raised alarms within the LGBT community. On the surface, the bill, which was introduced in 2023 by then-Minister of Home Affairs Dr. Aaron Motsoaledi and is currently going through the preliminary stages of the policymaking process, seems like a sensible way to streamline overlapping legislation. However, several civic and political organizations have called on lawmakers to exclude same-sex marriages, which are currently legal under the Civil Union Act.
In 2006, South Africa introduced the Civil Union Act, legalizing same-sex marriage — the first (and still only) nation on the continent to do so. The Civil Union Act also made South Africa the first country in the world to constitutionally prohibit the government from unfairly discriminating, directly or indirectly, against anyone on grounds of sexual orientation. The proposed Marriage Bill has reignited objections to same-sex marriage among some Christian conservative political parties, such as Hope4SA and ACDP, who have castigated the bill as an attack on traditional religious values and an imposition of secularism. Recent public hearings held in provinces such as the Eastern Cape and the Northern Cape have also seen strong opposition to same-sex marriage.
Though the government has put in place several laws, such as the Prevention and Combating of Hate Crimes and Hate Speech Act and the Promotion of Equality and Prevention of Unfair Discrimination Act, LGBT people continue to face stigma, harassment, and assault from various facets of the country, such as religious and traditional leaders.
According to Kabelo Rapholo, an LGBT rights activist who has worked with the LGBT group Access Chapter 2, the societal resistance to recognizing same-sex marriages reflects deeply ingrained social, cultural, and religious norms that continue to define acceptable relationships in narrow terms. Indeed, as the 2016 “Progressive Prudes” survey showed, 70% of South Africans view same-sex relations as “simply wrong”, and over 60% view gay, lesbian, bisexual, and trans people as “disgusting.”
"From an LGBT perspective,” Rapholo told me, “this resistance denies queer people their full humanity and constitutional right to equality. While opposition is loud, it is important to note that attitudes are shifting, particularly among younger generations who are more open to diverse forms of love and family."
Rapholo also said the bill’s proposal is rooted in the principle that state services must be free from discrimination. "According to the bill, a marriage officer or a registered venue that provides services to the public cannot refuse same-sex couples, which would be a violation of dignity and equality. Allowing exemptions based on [religious] beliefs entrenches systemic exclusion. For LGBT people, marriage is not only about love but also about accessing the same legal and social protections afforded to heterosexual couples."
Depending on the details, however, the Marriage Bill could be good news. Sibonelo Ncanana-Trower, from the group Out LGBT Well-being, told me that if passed, the Marriage Bill can potentially clear up a lot of confusion when it comes to same-sex marriage — as long as there is no societal resistance.
"Right now, different groups of people have to get married under different Acts, which creates unnecessary barriers,” Ncanana-Trower said. “Done right, this bill could bring us all under one umbrella, but the outcome depends on how Parliament handles the pushback from conservative groups.”
Even so, he recognizes that South Africa has not always lived up to the ideals expressed in the Civil Union Act.
“Same-sex marriage is protected by our Constitution, and no political party can easily undo that. On paper, South Africa is one of the most progressive countries in the world when it comes to LGBT rights, but on the ground, it’s a different story. Hate crimes are still a reality, and many people don’t feel safe in their own communities. Sometimes it feels like the more visible we become, the more backlash we face. Until there’s a real culture shift, the community will always be walking that tightrope between legal recognition and social rejection."
As it stands, many within LGBT circles are wary of the process and outcome, as it seems likely to cause a resurgence of anti-LGBT hostility and reverse some of the social progress made in recent years. However, Kim Lithgow, CEO of Same Love Toti, pointed out that homophobia has always been a problem and that the current backlash is less a reversal of progress and more a dialing up of the volume.
"Homophobia has been entrenched in society, and conservatives often look for ways to reinforce their bigotry,” she told me. “It will take brave people to protect our hard-won freedoms, and you will also need to be brave to regain your rights."
Kabelo Rapholo stressed the urgent need for legal reforms, public education, training at state institutions, and solidarity movements so as to shift social attitudes and ensure true safety for LGBT people.
"The future will largely depend on how strongly queer communities and allies mobilize. If the [Marriage] bill excludes LGBT rights, it will reinforce marginalization, but if voices of queer communities are amplified, it can be an opportunity to affirm dignity and equality."
It thankfully appears at present that the likelihood of the Marriage Bill completely undoing the Civil Union Act and re-criminalizing same-sex relations is low, but the attitudes that have been dredged up in the discourse around the bill show that, despite legal equality, South Africa’s LGBT community remains unwelcome and on shaky ground. Nearly 20 years after passing historic legislation to legalize same-sex marriage, significant sections of South African society are seeking to arm-twist the government into restricting and rolling back LGBT rights. If this moment teaches us anything, it’s never to take progress for granted and to always remain mindful and vigilant to the fact that the fight for human rights doesn’t just mean winning victories, but holding onto the territory you’ve won. Time will tell if South Africa is up to this task.
Published Nov 17, 2025
