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News :: Civil & Human Rights : Gender and Sexuality |
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Canada's Supreme Court Clears Way for Same-Sex Marriage |
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by NYT via Joe Futrelle
Email: futrelle (nospam) shout.net (verified) |
10 Dec 2004
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By CLIFFORD KRAUSS
TORONTO, Dec. 9 - The Supreme Court gave the go-ahead on Thursday to the federal government to introduce legislation that would redefine marriage nationwide to include same-sex couples, but it stopped short of ruling that the traditional definition of marriage was unconstitutional.
The decision was largely symbolic because the high courts of six provinces and one territory, representing 85 percent of the population, have already ruled that the traditional definition of marriage as a union between a man and a woman was discriminatory and unconstitutional. But the decision will give political cover to the government as it pushes legislation that has been promised for more than a year but remains controversial in the governing Liberal Party.
A decision by the Ontario Court of Appeals in June 2003 made Canada the third country after Belgium and the Netherlands to permit gays and lesbians to marry. More than 3,000 same-sex couples have married in Canada since then, including many American couples.
But the House of Commons has taken almost two years to address the issue, which is particularly controversial in rural areas and the conservative province of Alberta.
The decision on Thursday was interpreted differently by opponents and supporters of same-sex marriage, and appeared to clear the way for a heated parliamentary debate that is likely to cause fissures in the Liberal caucus.
Stephen J. Harper, leader of the Conservative Party and an opponent of changing the definition of marriage, said he viewed the decision as less than sweeping. "The court had plenty of chance to say there is only one definition of marriage, and it did not say that," he said, promising a fight in the House of Commons.
But gay rights groups welcomed the decision as a victory.
"The Supreme Court today gave a green light to the government's proposed equal marriage legislation," said Alex Munter, co-chairman of Canadians for Equal Marriage, "reflecting Canadian values and Canadians' commitment to fairness."
Prime Minister Paul Martin, who is Roman Catholic, had said he was personally ambivalent about the issue. But after the Supreme Court decision, he expressed enthusiasm for an expansion of marriage rights because, "I do not believe you can have two classes of citizens." He promised to press ahead expeditiously with the legislation, which is likely to pass the House of Commons by a narrow margin.
"Several centuries ago, it would have been understood that marriage be available only to opposite-sex couples," the Supreme Court ruling noted. "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."
The court said that as a matter of religious freedom, priests and other religious officials would not be obliged to preside over same-sex marriages. It also ruled that the federal government had exclusive authority over the definition of marriage.
"I think this will engender a debate across the country," Mr. Martin told reporters. "We are a mature nation and can undertake the debate."
The ruling, known here as a reference, was requested last year by Jean Chrétien, who was prime minister at the time, after he abandoned federal government efforts to appeal lower court rulings that declared traditional marriage laws discriminatory and in violation of the Charter of Rights and Freedoms, Canada's Bill of Rights. |
Copyright by the author. All rights reserved. |
