Article Added On: December 11, 2004 - over 7 years ago
Title: Same-sex marriage is upheld
Author: Campbell Clark and Kirk Makin
Publication: The Globe and Mail
Publication Date: January 01, 2004 - over 8 years ago
Faith Groups: Evangelical Christian
Themes: same sex marriage/blessing

Abstract: The Supreme Court of Canada ruled that the power to change the definition of marriage lies exclusively with the federal government, not the provinces. The court also ruled that a proposed bill to legalize same-sex marriage is constitutional and fell within its legislative authority and was consistent with the Charter of Rights. However, the court guarded the right of religious institutions to refrain from performing a marriage ceremony.

Friday, December 10, 2004

OTTAWA -- The Supreme Court of Canada gave its blessing yesterday to the federal government's proposal to legalize same-sex marriage, prompting Prime Minister Paul Martin to launch a high-stakes sales job to push the legislation through a divided Liberal caucus and split Parliament.

The court said that the power to change the definition of marriage lies exclusively with the federal government, not the provinces, and that a proposed bill to legalize same-sex marriage is constitutional and fits smoothly within the evolution of the law. It also said churches cannot be forced to perform same-sex marriages.

But the court refused to state categorically whether it agrees with lower courts that the traditional man-woman definition of marriage is unconstitutional. That would have amounted to an unequivocal declaration that same-sex marriage must inevitably be the law of the land, unless MPs use the notwithstanding clause to override the Charter of Rights and Freedoms.

Instead, the court deftly handed the politically explosive issue back to Parliament and put the onus to proceed with legislation on Mr. Martin.

The Prime Minister said yesterday that he would go ahead, insisting that his legislation is the only real option to prevent a patchwork of marriage rights across Canada.

He noted that courts have made same-sex marriage legal in six provinces and said his government will not allow the use of the notwithstanding clause to turn the clock back. "We will not permit the balkanization of marriage across the country. The only other choice -- or the other choice, in any event -- is to invoke the notwithstanding clause to deny a Charter right. And that, we will not do."

Passing the same-sex marriage legislation would make Canada only the third country to make marriage for gays and lesbians the law of the land. Belgium and the Netherlands already allow same-sex marriage.

Mr. Martin said he believes the bill will pass in the deeply split House of Commons because MPs will realize the alternative is the dramatic step of using the notwithstanding clause to overrule the Charter.

"I think that what the House is going to have to look at, quite clearly, are what are the alternatives? One of those alternatives is the use of the notwithstanding clause. I don't think that that's where Canadians want to go. I don't think they want to see governments taking away their rights."

Original article