churches
While the Constitution promotes human rights, churches refuse to accept gays and lesbians into the South African clergy. Gustav Thiel reports
THE religious fraternity is on a collision course with the Constitution over its continued ban on homosexuals. Constitutional and human rights law specialists say the Bill of Rights, formally adopted earlier this month, provides powerful ammunition for a Constitutional Court challenge to churches who refuse to accept gays and lesbians into the clergy or into their congregations.
A string of mainstream churches told the Mail & Guardian this week that whatever is written in the Constitition, it does not take the place of the Bible, and in keeping with their interpretation of the Scriptures, they would keep their doors closed to the gay community.
There has yet to be a test case, however, and it remains to be seen how far the state is prepared to go to enforce the the Constitution.
“The general worldwide trend is not to allow government to dictate to churches,” says Wits University law lecturer and human rights specialist Tsepho Mosikatsana, “but our Constitution goes further than any other in that the spirit of equality in it would prohibit churches from excluding gays and lesbians.”
“I find a great deal of support in this document for the fact that churches may no longer exclude homosexuals from becoming members or even clergy.”
The Constitution, which took effect earlier this month, opposes discrimination on the basis of “race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth”.
The Bill of Rights requires that national legislation be enacted to prohibit unfair discrimination.
The Methodist church said it had no official policy excluding gays, but did not allow gay clergy. Spokeswoman Vivian Harris said the church would decide on the issue, but no early change in its stance was expected.
A spokesman for the Dutch Reformed church said that “homosexuality should always be seen as a deviant form of sexuality in the light of the scripture”.
Potschefstroom University dean of theology Dries du Plooy said: “The Bible states explicitly that homosexual behaviour is a sin and that it should therefore not be tolerated by the church.
“We will never discard any homosexuals without trying to submit them to pastoral guidance, but I cannot envisage a time when my church will change its stance on the issue.”
Representatives of the Anglican and Catholic churches refused to comment before further consultation within their “proper structures”.
Rhema church spokesman Ron Steele said: “We do not discriminate on the basis of race, creed or gender on who enters our church.
“However, when it comes to holding office in any part of the ministry, the moral teachings of the Bible guide all appointments.
“Therefore a gay person who is practising the lifestyle would disqualify him or herself from holding office in our organisation.”
Cape Town constitutional lawyer Anton Katz said churches could “probably” be prohibited from turning away homosexuals.
But, he added, it would be “tough to argue that churches could be forced by the Constitution to allow homosexual people to act as clergy.
“At the very least I would argue the issue will spark a lot of debate in the near future and that it will be tested in the Constitutional Court,” he said.