Supreme Court of Canada releases opinion on same sex marriage

[Dark Lord Neo]

Yay, supreme court

http://www.cbc.ca/story/canada/national/...41209.html

Supreme Court OK's same-sex marriage
Last Updated Thu, 09 Dec 2004 17:17:47 EST

OTTAWA - The Supreme Court of Canada says the federal government can change the definition of marriage, giving gays and lesbians the legal right to marry.

In a non-binding opinion released Thursday morning, the court reaffirmed religious freedoms under the Charter, saying religious officials opposed to same-sex marriages do not have to perform them.
It declined to answer a fourth question added by Paul Martin when he became prime minister: whether the current definition of marriage as a man and a woman was unconstitutional.

But the court said that by failing to appeal a number of lower court rulings that said excluding gays from marriage was discriminatory, the federal government had already accepted that position.

"The government has clearly accepted these decisions and adopted this position as its own," the court wrote.

Conservative Leader Stephen Harper said the court's decision to "punt" the issue back to Parliament was not what the prime minister expected, and fell in line with the Tory position.

The court rejected the argument that the traditional definition of marriage is rooted in history, saying times have changed.

"Several centuries ago it would have been understood that marriage should be available only to opposite-sex couples. The recognition of same-sex marriage in several Canadian jurisdictions as well as two European countries belies the assertion that the same is true today," wrote the court.

"I feel it is a clear green light in favour of equal marriage," said Martha McCarthy, a lawyer for same-sex couples.

Groups opposed to same-sex marriage reacted swiftly, as Gwen Landolt with Real Women and Catholic Civil Rights League member Richard Bastien called for a referendum on the issue. Landolt says the traditional definition of marriage should be enshrined in the constitution.

Prime Minister Paul Martin said he would introduce the bill to Parliament in January.

Martin has asked MPs to support the bill, but has also told them it will be a free vote.

The Liberals hold a thin minority government, with 134 of the 308 seats in the House of Commons, but should have the support of most or all of the 19 New Democrat MPs and 54 Bloc Québécois MPs.

NDP Leader Jack Layton has said his caucus will vote in favour of the bill, while Conservative Leader Stephen Harper, whose party is split on the issue, says it will be a free vote.

If passed, Canada would join Belgium and the Netherlands in making gay marriage legal nationwide.

Chrétien sent bill to court

Former prime minister Jean Chrétien sent the issue to the Supreme Court following a June 2003 ruling by the Ontario Court of Appeal allowing same-sex unions.

Ottawa has proposed changing the definition of marriage to the "lawful union of two persons to the exclusion of all others" rather than the "lawful union of one man and one woman."

Before taking it to Parliament, Chrétien referred the proposed bill to the Supreme Court, asking the justices to offer a non-binding opinion on three questions, including whether the government could redefine marriage, whether it supported the Charter of Rights and whether church groups had to perform the ceremonies.

When he became prime minister one year ago, Paul Martin added a fourth question: whether limiting marriage to a man and a woman was unconstitutional.

Along with Ontario, court rulings have now made same-sex marriage legal in British Columbia, Quebec, Saskatchewan, Nova Scotia, Manitoba and the Yukon.

Written by CBC News Online staff

http://www.cbc.ca/story/canada/national/...41209.html

Liberals to introduce same-sex marriage bill in January
Last Updated Thu, 09 Dec 2004 21:40:37 EST

OTTAWA - The Liberal government will introduce legislation to legalize same-sex marriage when Parliament resumes sitting in January, Prime Minister Paul Martin said Thursday.

In an opinion released earlier in the day, nine Supreme Court judges asked to review draft legislation extending marriage rights to gays and lesbians said such a move would be constitutional

That legal opinion clears the way for the Liberal government to introduce a bill early in the new year.

Liberal MPs will be free to vote their conscience on the bill, but cabinet ministers will be required to vote in favour of it, said Martin.

The prime minister urged members of all parties to carefully consider the issue before voting, saying the proposed legislation will ensure the "equal treatment of all Canadians."

He acknowledged the issue is divisive, but said Canadians can handle the debate.

"I think this will engender a debate across the country," said Martin. "We are a very mature nation and can undertake the debate."

Canada is the "world's most post-modern country" and can take the lead in this issue, he said.

Martin's Liberal minority government holds 134 of the 308 seats in the House of Commons, but should have the support of most of the 19 New Democrat MPs and 54 Bloc Québécois MPs.

Justice Minister Irwin Cotler says he expects a "significant majority" of members will support the bill because it backs two key points of the Charter, equality rights and freedom of religion.

As part of Thursday's decision, the court said religious groups opposed to same-sex marriages won't be compelled to perform them.

Conservative Leader Stephen Harper, who called the court's opinion a "victory for Canadian democracy," says he's pleased the courts "punted this issue back to Parliament."

Harper said the Supreme Court supports his party's policy because it also declined to express an opinion on whether the traditional definition of marriage is unconstitutional.

The Conservative leader says he'd like the government to introduce a compromise bill to Parliament that would preserve the traditional definition of marriage in law and include stronger protections of religious freedoms.

Can't use notwithstanding clause, Alberta Justice Minister says

Alberta's Justice Minister said his government, which opposes same sex marriage, will have to weigh its options in the wake of the ruling. But Ron Stevens said they need to be realistic, adding that the decision has restricted their ability to defend marriage.

Stevens said the government does not have the option of imposing the Constitution's notwithstanding clause.

"Since the court ruled the authority over same-sex marriage falls to the federal government, it is only the federal government who can invoke the notwithstanding clause to maintain the traditional definition of marriage."

He said the Alberta Tory caucus must now meet to discuss the province's next move.

"There are legal options, but I'm going to share them with my colleagues first. I'm not going to stand here today and talk about what-ifs," he said.

Stevens said his government's position is not aimed at discriminating against gays and lesbians, but "upholding the definition of marriage as it is traditionally understood by society."

Four years ago, Alberta passed a law stating marriage is the union between a man and a woman. Stevens said despite the Supreme Court ruling that law stands and marriage licences will not be granted to same-sex couples.

Written by CBC News Online staff