The government's position is contained in court papers filed in response to a legal challenge brought by two women who are seeking to marry under Botswana's Marriage Act. At the centre of the dispute is a decision by the Department of Civil and National Registration, communicated in a letter dated May 8, 2025, informing the applicants that “marriage in the manner you want is not supported by the law.” The applicants have challenged the decision, arguing that it was unlawful and unconstitutional. However, in its answering affidavit, the State maintains that the refusal was justified under existing legislation.
According to the government, the Marriage Act clearly contemplates marriage only between a man and a woman. The State relies heavily on provisions of the Act that refer to a “bridegroom” and a “bride,” arguing that the language demonstrates Parliament's intention regarding who may enter into a civil marriage. Government lawyers contend that the Act does not provide for marriages between persons of the same sex and that officials within the Department of Civil and National Registration were therefore unable to process the applicants' request.
