THERE has been mixed reaction from Durban organisations on the provisions of same-sex marriage and polygamy, with some arguing that these forms of marriage go against religious beliefs and could lead to the disintegration of the family unit.
Residents voiced their concerns during public hearings sessions of the Draft Marriage Bill at the Umkhombaan Community Hall in Durban this week.
The Bill intends to change its marriage law to recognise all forms of intimate partnerships, irrespective of gender, sexual orientation, or religious, cultural, and other beliefs.
The Bill seeks to rationalise the marriage laws pertaining to various types of marriages; to provide for the recognition of marriages; to provide for the requirements for monogamous and polygamous marriages and to provide for designation of marriage officers.
The Bill also aims to eradicate child and forced arranged marriages in line with international standards by criminalising marriages to persons under 18.
Bishop Jones, president of Global Justice Ministries said with the vast majority of South Africans adhering to Christian beliefs, marriage as a union between a man and a woman should be the standard reflected in the country's laws.
Jones said the Marriage Amendment Bill seeks to redefine marriage.
"As people of faith and responsible citizens, we must ask, does the state have a moral duty to uphold the values cherished by the majority? Or should it yield to individual desires that conflict with these beliefs?
"If the government endorses a practice that is contrary to natural law and divine design, it is not governing — it is surrendering. The state has a duty to protect the moral order and ensure that the laws of the land reflect the values of its people," he said.
Pam Taylor of the Dr Taylor Foundation, a community based organisation that focuses on the disadvantaged communities, mainly youth, said they were in support of same sex unions.
"We don't criticise, sideline or isolate gay or lesbian couples. We fought for democracy up until 1994 which granted everyone equal rights. Hence these God's people are exercising their democratic rights. They were oppressed and now they should be allowed to be free as well.
"The bishops, priests and pastors were totally against it. This touched me deeply because I work closely with youth, transgender, lesbians and gays," said Taylor.
Ashley Munien of Focus on the Family Africa said they were concerned about the proposed marriage bill under the Department of Home Affairs, as it alters the definition and design of the family.
"We prefer the current bill, which aligns more with the biblical stand on marriage. We're a ministry dedicated to helping families thrive, and we hold the family's design and values in high regard.
"As Christians, we believe the family was designed by God to honour Him, and its purpose is outlined in Scripture as a guide for living. A strong family ensures a strong community and ultimately, a strong country," said Munien.
Mosa Chabane, chairperson of the Portfolio Committee on Home Affairs, said the majority of faith-based organisations in KwaZulu-Natal highlighted their rejection of the Bill based on the view that the Bill seeks to redefine marriage, taking it away from its biblical definition.
"Participants argued that the state has the moral duty to uphold the wishes of the majority and that the Bill, in its current form, intends to appease a minority.
"Some of the clauses faith-based organisations are against include provisions on same-sex marriage and polygamy. They argued that these forms of marriage go against religious beliefs and could lead to the disintegration of the family unit," said Chabane.
Chabane said despite these objections, there was a view that in a democratic country every individual has the right to choose and that people should not criticise individual choices that do not affect them directly.
"A number of participants argued that by codifying only polygamy, the Bill protects only the interests of men. Participants questioned why the Bill does not include provisions for polyandry, which would allow women to marry multiple partners. Furthermore, there was concern from women that the requirements for a husband to enter into a polygamous marriage could potentially expose them to abuse, if they are unwilling to give written consent as required by clause 6(2).
"Meanwhile, there was general appreciation of the Bill’s intention to protect children from early marriage, but a number of participants called for the age limit to be increased to 21 to ensure that individuals entering a marriage are emotionally mature and financially established to withstand the rigours of marriage," said Chabane.