Equal rights for homosexuals by legalizing same-sex marriages

Abstract

None provided. The following is taken from the author's Introduction:

"Namibia has a population of c. 1. 5 million people of which it is generally estimated that more or less between 5 and 10 percent are homosexual". This constitutes a large percentage of our population, considering we are such a small group. Despite the fact that our homosexual community is considerable, they have hardly any rights in most areas of our law. Family law is one of these areas in which homosexuals and their relationships might as well not have existed as it only caters for the needs of the heterosexual community. The institution of marriage and the family are exclusively limited to heterosexuals and Part II deals with the common law definition of marriages and the many benefits and priveleges denied homosexual couples becasue of this exclusion. Part III provides us with a very short overview of the history and development of same sex marriages and how homosexuality obtained the negative status it holds today. In Part IV, the importance of decriminalizing homosexual conduct is discussed. The court's attitude in respect to sodomy is also described and the approaches adopted by foreign countries. Part V introduces us to the definitional problems of the concept marrriage and the family and the need for an inclusive approach to be applied to the definition of marriage and the family. The Constitution is the most important legal document in Namibia. Its provisions are supreme above any other law. In Part VI, the position is taken that by denying same-sex couples the right to marry is violating their constitutional protected guarantees to privacy, equality and family. Here extensive reference is made to the constitutional jurisprudence of other jurisdictions. The arguments against same-sex marriage and why these arguments are not justified and sound are discussed in Part VII. Besides procreation, the most frequent reason used to prohibit same-sex marriage is religion, this reason is unfortunately beyond the scope of this document and therefore not discussed. Part VIII deals with the way ahead, what reform measures need to be taken by the Namibian Parliament and the reform approach adopted by countries such as Sweden, Denmark and the USA. Finally, the conclusion is outlined in Part VIII