| Part of theLGBTQ rights series |
Recognized |
Civil unions or registered partnerships but not marriage |
See also
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Notes
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 LGBTQ portal |
Zimbabwe does not recognizesame-sex marriages orcivil unions. TheMarriages Act does not provide for the recognition of same-sex marriage, and civil partnerships are only available to opposite-sex couples. TheConstitution of Zimbabwe explicitly prohibits same-sex marriages.
Although in very close proximity,South Africa and Zimbabwe have contrasting political histories in their post-colonial states with regard to LGBT rights. While South Africa's post-apartheid state entrenchedLGBT rights in itsconstitution and legalisedsame-sex marriage in November 2006, making it the first African nation and thefifth in the world to recognise same-sex marriages, Zimbabwe's post-independent state has strongly opposedhomosexuality and same-sex unions. Gays and lesbians experience severe societal and legaldiscrimination in Zimbabwe, often fleeing to South Africa "to enjoy greater freedom".[1]
TheMarriages Act (Act 1 of 2022;Shona:Mutemo we Wanano;[2]Northern Ndebele:uMthetho woMtshado),[a] enacted in 2022 by theParliament of Zimbabwe, definescivil marriage as "[being] monogamous, that is to say, it is the lawful union of two persons to the exclusion of all others and no person may contract any other marriage during the subsistence of a marriage under the general law." Although it does not explicitly forbid same-sex marriages, it generally refers to married spouses as "man" and "woman".Civil partnerships, legalised with the passage of this new law in 2022, are explicitly defined as being between "a man and a woman" who are both over the age of eighteen years and who have lived together on a genuine domestic basis.[14] However, Article 78 of theConstitution of Zimbabwe contains an explicit ban on same-sex marriages:[15]
Persons of the same sex are prohibited from marrying each other.[b]
This ban was introduced in 2013 following the adoption of a new constitution. The previous constitution enacted in 1980 did not contain such a ban.[18] The new constitution was presented to Parliament on 5 February 2013 and subsequently approved in areferendum on 16 March 2013.[19] Parliament approved it on 9 May and PresidentRobert Mugabe signed it into law on 22 May 2013.
While many modern-day Zimbabwean cultures historically practicedpolygamy, there are no records of same-sex marriages being performed in local cultures in the way they are commonly defined inWestern legal systems. However, there is evidence for identities and behaviours that may be placed on the LGBT spectrum.[20] In the 1990s, Canadian researcher Marc Epprecht wrote aboutpederastic marriages in colonial Zimbabwe. Contemporary oral evidence suggests that same-sex relationships were "common" and "prevalent" in Zimbabwe in the early 20th century, with research by Epprecht estimating that between 70% and 80% of men at themines took on male sexual partners. It was during this time through the mining compounds and the influence of theZulu language that the contemporary termngochani, meaning "homosexual", entered theShona language.[21] These relationships differed strongly from the Western understanding of same-sex marriages, as men who entered these "mine marriages" continued to marry women and "conform, or appear to conform, to gender expectations", and would not consider themselves as homosexual or bisexual, or "unfaithful to [their] marriage vows". Epprecht further wrote that "enabling migrant men to conserve their health and resources against the temptations of [local] women [in towns near the mines],ngochani strengthened their ability to shore up proper, fecund marriages [back home]".[22] This practice gradually disappeared as Zimbabwe became moremodernized and exposed to Western culture andhomophobia in the 20th century.[23]
Evidence also suggests that same-sex sexual activity was previously "common and relatively accepted" by theSan peoples.[24] While the San maintain a system of simple marriage, they often practicepolygamy andspousal exchange.[25]
TheCatholic Church opposes same-sex marriage and does not allow its priests to officiate at such marriages. In December 2023, theHoly See publishedFiducia supplicans, a declaration allowingCatholic priests tobless couples who are not considered to bemarried according to church teaching, including theblessing of same-sex couples.[26] However, theZimbabwe Catholic Bishops' Conference issued a statement on 22 December that "locally, many Catholics and those who look up to the Catholic Church are asking questions and wondering if the declaration marks a paradigm shift in the doctrine of the Church on marriage. While we have great appreciation of the declaration and the guidance it gives on blessings, we are also sensitive to the anxiety and confusion that has arisen. We would like to reiterate that the declaration is not about the change of the doctrine on marriage and neither is it about an approval of same sex unions in the Church. It is about blessings. In respect of the law of the land, our culture and for moral reasons we instruct pastors to desist from actions that may be deemed as the blessing of same-sex unions bringing confusion and even scandal to our people."[27][28]
In 2015, the General Synod of theDutch Reformed Church voted by a 64% majority to recognise same-sex marriages, bless the relationships of same-sex couples and allow gay ministers and clergy (who are not required to becelibate). The decision applies to 9 of the 10 synods; with theNamibia Synod being excluded, but it does apply to the Northern Synod, which include parts of Zimbabwe.[29] The decision caused backlash and objections, resulting in it being reversed a year later. A dozen church members subsequently took the denomination to court to restore the 2015 decision. In 2019, the North Gauteng High Court reversed the decision, ruling that while religious organizations have the religious freedom to define marriage the 2016 decision was not made in accordance with the church's own proper process.[30][31] Individual pastors are free to choose whether to bless same-sex marriages; a freedom of conscience clause allows pastors with objections to opt out of performing same-sex weddings.
TheChurch of the Province of Central Africa, part of theAnglican Communion, holds that "marriage, by divine institution, is a lifelong and exclusive union and partnership between one man and one woman".[32]
| Same-sex marriage prohibited by nationalconstitution | |
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| Same-sex marriage andcivil unions prohibited by constitution | |
