Homosexual Co-adoption - What's the Problem? (19 September 2002)

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Dear Sir

On 10 September 2002, the Constitutional Court legalised homosexual co-adoption. We believe that this reflects South Africa’s moral problem. Having rejected God’s standard of sex within a faithful heterosexual marriage, we are open to every other conceivable arrangement. We will only win the war against AIDS if we align ourselves with our Creator’s instructions for abstinence outside of marriage, and faithfulness within monogamous, heterosexual marriage. As a country, how do we expect to survive if we continue to promote, protect and even reward immorality and perversion?

Apart from the moral problems inherent in the Constitutional Court judgement, from a practical point of view it is shortsighted. So-called “same-sex life partners”, who do not have the legal bond to one another that married couples have, may co-adopt children. What is going to happen when some of these partnerships break down? How will guardianship and care for the children be assigned? Judge Skweyiya breezed past the legal concerns about the lacuna in the law so that this “politically correct” judgement could be rendered. Divorce is not pleasant at the best of times, but it does afford a measure of protection to the children. Allowing people who have no legal bond to one another to co-adopt results in vast legal uncertainty.

It is also problematic that our Constitutional Court judges are so eager to read into the law the words that they would like to see to cure constitutional defects. Surely legislating is the role of the legislature, not of the judiciary? On what basis do these unelected officials usurp the role of Parliament? Such behaviour would be unacceptable from any official, but the Constitutional Court judges are the guardians of the Constitution – surely they should be aware that we have separation of powers?

Finally, the judgement was given on the basis of the right to equality, dignity and the best interests of the child. Is a homosexual “life partnership” equal to a heterosexual marriage? Are lesbian and homosexual practices consistent with human dignity? Is it in the best interests of children to be brought up in a family that is by definition dysfunctional?

We pray that God will bless South Africa, but we fear that He would be justified to judge us for the way that we are behaving.

Jeanine McGill

Christian Action P.O.Box 23632 Claremont 7735 Cape Town South Africa [email protected] - 021-689-4481 - www.christianaction.org.za
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