Canada legalizes same sex marriages - third nation to do so
A major step forward in equal rights imho. This from the Vancouver Sun
Same-sex marriage law puts Canada at forefront of human rights
Vancouver Sun
June 29, 2005
After years of debate across the country, a federal election, a reference to the Supreme Court of Canada and court decisions in eight provinces and one territory, Canada has finally become the third country, after Belgium and the Netherlands, to legalize same-sex marriage.
Bill C-38, the Civil Marriage Act, passed third reading in the House of Commons on Tuesday by a vote of 158 to 133. The bill need only receive approval from the Senate -- a forgone conclusion -- and royal assent to become law.
The new law, which defines civil marriage as "the lawful union of two persons to the exclusion of all others," will remedy several longstanding problems. First, it will ensure that gays and lesbians are no longer second-class citizens by recognizing the equality of their relationships. Second, it will replace the previously intolerable situation, in which gays were allowed to marry in some provinces but not others, with a uniform framework across Canada.
Although those who oppose the law suggest it will be bad for Canada, same-sex marriages have been a reality in a number of Canadian jurisdictions, including British Columbia, for more than two years now, and the sky hasn't fallen.
Indeed, there's reason to believe the new law will be beneficial, not just for gays and lesbians, but for their children and for society, as it recognizes and formalizes the commitment of gays to take care of each other and their families.
And though it might not be readily apparent, the law will also enhance religious freedom. Although not all religious groups oppose the law -- in fact, the United Church, the second largest religious body in Canada, supports same-sex unions -- many were among its most vociferous opponents.
In addition to their belief that the government shouldn't formally recognize what they regard as sinful behaviour, many religious people fear that their churches will eventually be forced to perform gay marriages against their will.
These opponents proposed a variety of amendments to the bill to protect religious officials' right to refuse to perform gay marriages. But as the Supreme Court of Canada made clear in Reference re Same-Sex Marriage, those amendments are generally beyond the jurisdiction of Parliament, since the provinces have authority over the solemnization of marriage.
Nevertheless, the court also maintained that "the guarantee of religious freedom in s. 2(a) of the Charter is broad enough to protect religious officials from being compelled by the state to perform civil or religious same-sex marriages that are contrary to their religious beliefs."
The court further stated that churches could not be compelled to permit the use of church buildings for gay marriages or to otherwise assist in such unions.
Consequently, the new law actually broadens religious freedom because, while not infringing on the right of religions to refuse to perform gay marriages, it will make it possible for them to choose to sanctify same-sex marriages that are, for the first time, fully recognized in law.
This has been a contentious issue, and its resolution is one that does not sit well with many Canadians. That is something supporters of same-sex marriage should remain sensitive to in the coming years.
Today, however, Parliament is to be commended for passing a law that will enhance Canada's reputation as a human rights leader.
