Friday, December 10, 2004
Same Sex Marriage is Consistent with the Charter of Rights and Freedoms
The Supreme Court of Canada, in a unanimous decision, released its decision with respect to the same sex marriage reference, on December 9, 2004. The Government of Canada had requested an opinion from the court as to whether the proposed law to define marriage, for civil purposes, as the "lawful union of two persons to the exclusion of all others", was within the jurisdiction of the Government of Canada
The Supreme Court gave the opinion that, in pith and substance, proposed section 1 pertains to the legal capacity for civil marriage falls within federal jurisdiction, pursuant to the Constitution Act, 1867. The definition of marriage was not entrenched in the common law definition of marriage as it stood in 1867. Instead, the Could held that the constitution is a "Living tree which, by way of progressive interpretation, accommodates and addresses the realities of modern life. "
The definition of marriage as proposed, is consistent with the Charter of Rights and Freedoms. The government wishes to extend the right to marry to same sex couples. The provision permits this and addresses the government's concerns with respect to equality concerns set out in s. 15(1) of the Charter.
The Court gave a further opinion that religious freedom in section 2(a) of the Charter is broad enough to protect religious bodies from being compelled to perform religious or civil same sex marriages, that may be contrary to their religious belief.
There is therefore now no legal bar to the Government of Canada's bill soon to be introduced to amend the Marriage Act.
The Supreme Court gave the opinion that, in pith and substance, proposed section 1 pertains to the legal capacity for civil marriage falls within federal jurisdiction, pursuant to the Constitution Act, 1867. The definition of marriage was not entrenched in the common law definition of marriage as it stood in 1867. Instead, the Could held that the constitution is a "Living tree which, by way of progressive interpretation, accommodates and addresses the realities of modern life. "
The definition of marriage as proposed, is consistent with the Charter of Rights and Freedoms. The government wishes to extend the right to marry to same sex couples. The provision permits this and addresses the government's concerns with respect to equality concerns set out in s. 15(1) of the Charter.
The Court gave a further opinion that religious freedom in section 2(a) of the Charter is broad enough to protect religious bodies from being compelled to perform religious or civil same sex marriages, that may be contrary to their religious belief.
There is therefore now no legal bar to the Government of Canada's bill soon to be introduced to amend the Marriage Act.
posted by Robert at 2:56 PM
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