All we need to test the resolve of the HRC is to find a same sex any religion couple that want to get married in a Muslim venue. Let's see the real level of tolerance in this country.
What is a “Muslim venue”? The only possible meaning for this phrase is a Mosque or associated location and I’m pretty sure no same-sex couple would want to get married there and would be very unlikely to press the issue. Of course I could be mistaken but I don’t recall reading about any cases where any South African same-sex couples have insisted upon getting married in any church, temple, mosque or other actual religious building with the services of a priest, cleric, rabbi or imam and have taken a refusal up with the HRC. Doing so would be against spirit of the constitution and should be discouraged anyway. People are entitled to their beliefs as long as they are not infringing on others because of them and the simple existence of a church, synagogue etc that doesn’t offer officiation of same-sex marriage is fine. I’m not sure that any reasonable person, gay or not, would expect the kind of tolerance you suggest we test for.
As for commercial operators whose primary business is to provide a location for weddings, receptions, birthdays, or functions in general and the like, a constitutional test is likely to determine that religion cannot be the basis of refusal of services. Basically, a commercial wedding venue cannot have a religion since those are for humans, not companies. If you own a business you must offer the services of said business to all persons equally. Duly registered churches, mosques etc are not the same as standard businesses. As far as I can tell none of the cases we’ve seen in SA have had anything to do with a church or religion and have had to do with commercial venues. They are not the same.
Having said this, I see no reason why the MJC felt the need to speak on the matter at all. I suppose it may be in response to recent articles about a gay imam and their affirming stance but the position of Islam on the topic is well known so speaking about it unless there has been a change in position seems a bit odd, unnecessary and possibly inflammatory.
EDIT: Some spelling errors.
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