Guest Posted December 9, 2004 #1 Share Posted December 9, 2004 Supreme Court okays same-sex marriage Canadian Press Thursday, December 09, 2004 OTTAWA -- Canada's top court says Ottawa has the authority to redefine marriage to include same-sex couples, but religious officials cannot be forced to perform unions against their beliefs. The Supreme Court of Canada refused to say whether the traditional definition of marriage -- between one man and one woman -- violates equality rights. It noted the federal government has already accepted lower-court judgments that excluding gays from marrying is discriminatory. "The government has clearly accepted the ruling of lower courts on this question and has adopted their position as its own. "The parties to previous litigation have now relied upon the finality of the judgments they obtained through the court process." The court says times have changed and the legal definition of marriage should change with them. "Several centuries ago, it would have been understood that marriage 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." Still, the Charter of Rights and Freedoms clearly protects religious freedom, says the court. The court's landmark advisory opinion signals the final stage of a long, bitter fight over whether gays and lesbians should be allowed to marry. Justice Minister Irwin Cotler predicted Wednesday that the court would give the Liberals a green light to move ahead with a bill to legalize same-sex unions as early as this month. Same-sex marriage could become legal across the country next year if the minority Liberals win enough support in the divided House of Commons. It's expected a vote on legalizing gay weddings would narrowly pass even without the support of several Liberals and the Conservatives. Judges in six provinces and one territory have already struck down the traditional marriage definition, saying it violates equality rights. Thousands of same-sex couples have already tied the knot. Should the legislation pass, Canada would join Belgium and the Netherlands in allowing gays to wed. The high court opinion on same-sex unions is strictly advisory. Still, its political aftershocks will reverberate among pro- and anti-gay marriage factions across Canada. The high court reference comes 18 months after former prime minister Jean Chretien abandoned his government's fight against same-sex marriage by refusing to appeal provincial court rulings in Ontario, British Columbia and Quebec that declared traditional marriage laws unconstitutional. His government then drafted legislation that would allow gay and lesbian weddings in city halls, courthouses and in religious institutions that choose to perform them. To ensure the bill is legally bullet-proof, the Liberal government asked the high court three questions: -- Does the federal government have exclusive authority to define marriage? The question was a pre-emptive strike at any provincial attempt to thwart the new law. Alberta Premier Ralph Klein has said he would use the Constitution's notwithstanding clause to cancel the legislation in his province. -- Does the charter protect religious groups from having to perform gay weddings against their beliefs? -- Is the proposed same-sex marriage law constitutional? Prime Minister Paul Martin expanded the reference after he was sworn in last December, adding a fourth question: Is the traditional definition of marriage -- between one man and one woman -- also constitutional? This was aimed at clarifying once and for all whether the century-old definition of marriage is flawed. The federal Conservatives and several Liberal MPs are expected to wage a bitter final battle to preserve marriage for heterosexuals. Chronology of events leading to the Supreme Court of Canada's advisory opinion on same-sex marriage Thursday: 1969: Prime Minister Pierre Trudeau passes Criminal Code amendment decriminalizing homosexuality. June 1999: House of Commons votes 216-55 in favour of preserving definition of "marriage" as union of a man and a woman. April 11, 2000: Parliament passes Bill C-23, giving same-sex couples same social and tax benefits as heterosexuals in common-law relationships. May 1, 2003: B.C. Court of Appeal unanimously declares that limiting marriage to heterosexuals violates equality rights; gives Ottawa two years to legally recognize same-sex marriage before judgment takes effect. June 10, 2003: Ontario Court of Appeal upholds lower court ruling allowing same-sex marriage. July 16, 2003: Prime Minister Jean Chretien refers three questions to Supreme Court of Canada: Is a draft bill to allow same-sex marriage within Ottawa's authority? Does it respect Charter of Rights and Freedoms? Does it protect churches from having to perform marriages against their beliefs? Jan. 26, 2004: Liberals under Prime Minister Paul Martin add fourth question asking high court if limiting marriage to heterosexuals violates charter. Dec. 9, 2004: Supreme Court says Ottawa has the authority to redefine marriage to include same-sex couples; says religious officials cannot be forced to perform unions against their beliefs. Source Link to comment Share on other sites More sharing options...
BurnSide Posted December 9, 2004 #2 Share Posted December 9, 2004 Woot!! Good for my town! Link to comment Share on other sites More sharing options...
Daughter of the Nine Moons Posted December 9, 2004 #3 Share Posted December 9, 2004 Props to the Supreme Court of Canada! Link to comment Share on other sites More sharing options...
Diebytheflyguy Posted December 9, 2004 #4 Share Posted December 9, 2004 I don't see why it really matters if they want to marry in the first place. Go Canada! Wooo! Link to comment Share on other sites More sharing options...
Guest Posted December 10, 2004 #5 Share Posted December 10, 2004 Fri, December 10, 2004 Most Canucks support idea of same-sex marriage: Poll By MEGAN GILLIS, Ottawa Sun Only about a quarter of Canadians are against any kind of gay union, according to a new Ipsos-Reid poll. The rest generally agree on the concept but not what to do about it. Four in 10 support same-sex marriages with the same status as the heterosexual variety. Nearly a third think gay unions should be recognized in civil law but not have all the same legal weight. Together, 71% support the concept of same-sex marriage while 27% say it's wrong and should never be lawful and 2% don't know. "It all comes down to the quintessential Canadian compromise -- same sex unions but not necessarily same sex marriage," pollster John Wright said. "The Supreme Court does reflect the Canadian view on this -- it's not extremist. There's room for continued debate." Opinion is still split along age, gender, education, income and regional lines. The most opposition to gay unions came from Saskatchewan and Manitoba where four in 10 say it's always wrong. Supporters are more likely to live in B.C. where 44% approve. Almost half of women support full same-sex marriage compared to less than one-third of men. Just over half of people aged 18-34 say same-sex couples should have equal access to marriage. The telephone survey of 1,000 randomly selected adults across Canada was conducted Nov. 19-22. The results are considered accurate within +/- 3.1 percentage points, 19 times out of 20. Source Link to comment Share on other sites More sharing options...
Diebytheflyguy Posted December 10, 2004 #6 Share Posted December 10, 2004 Most Canucks support idea of same-sex marriage: Poll 396453[/snapback] I like how they used canucks instead of Canadians. Link to comment Share on other sites More sharing options...
BurnSide Posted December 10, 2004 #7 Share Posted December 10, 2004 Most canadians call each other canucks. And i'm estatic that many people are for gay marriage. Makes me feel like i live in a civil society. Link to comment Share on other sites More sharing options...
Thanato Posted December 11, 2004 #8 Share Posted December 11, 2004 (edited) I'm Gald to live in the freest and most Culturaly Divirse Nation on the planet. O Canada! Our home and native land! True patriot love in all thy sons command. With glowing hearts we see thee rise, The True North strong and free! From far and wide, O Canada, we stand on guard for thee. God keep our land glorious and free! O Canada, we stand on guard for thee. O Canada, we stand on guard for thee. ~Thanato P.S. Hello to all my Fellow Canucks out there. Edited December 11, 2004 by Thanato Link to comment Share on other sites More sharing options...
Grandpa Greenman Posted December 11, 2004 #9 Share Posted December 11, 2004 That is great. Love is were you find it. Who is the Government to say it can't be. My Grandpas and one Grandma were Canadians. I saw a picture of one of my Grandpas dressed as a Mountie. They should have stayed there. Link to comment Share on other sites More sharing options...
AztecInca Posted December 11, 2004 #10 Share Posted December 11, 2004 Hopefully the rest of the world will follow suit, but sadly I doubt that willever happen. At least this is a step in the right direction! Link to comment Share on other sites More sharing options...
Byuu94 Posted December 11, 2004 #11 Share Posted December 11, 2004 This finally proves that canadians have more common sense the most americans. Link to comment Share on other sites More sharing options...
Scorpius Posted December 11, 2004 #12 Share Posted December 11, 2004 Never really used the word Canucks. Sounds better than "Canadians". Change is good. Link to comment Share on other sites More sharing options...
Talon Posted December 15, 2004 #13 Share Posted December 15, 2004 but religious officials cannot be forced to perform unions against their beliefs. So basically society evolves, but religion remains in the caves. The Supreme Court of Canada refused to say whether the traditional definition of marriage -- between one man and one woman -- violates equality rights. Course it does It noted the federal government has already accepted lower-court judgments that excluding gays from marrying is discriminatory. Sanity prevails. Link to comment Share on other sites More sharing options...
BurnSide Posted December 15, 2004 #14 Share Posted December 15, 2004 You can't force a religious person to go against his beliefs. I think it's fine that they wont. Afterall, most homosexuals aren't religious anyway. Link to comment Share on other sites More sharing options...
Talon Posted December 15, 2004 #15 Share Posted December 15, 2004 Afterall, most homosexuals aren't religious anyway. Maybe, but if the preisthood is anything to go by, most religious people are gay Link to comment Share on other sites More sharing options...
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now