O Canada

Dec. 10th, 2004 09:04 am
jawnbc: (maggie au canada)
[personal profile] jawnbc
Some excerpts from the Supreme Court of Canada decision today, clearing the way for same-sex marriage across Canada.

Whether same-sex marriage would be consistent with the Canadian Charter of Rights and Freedoms:

"...far from violating the Charter, flows from it."

"the mere recognition of the equality rights of one group cannot, in itself, constitute a violation of the rights of another." (meaning religious persons)

Whether religious bodies can be forced to conduct same-sex marriages:

"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."

Alberta, the only province to argue against same-sex marriage at the Supreme Court, acknowledged it cannot opt out. The government will bring legislation down in January, which should easily pass, even on a quasi free vote (government ministers have to vote with the government; back benchers do not).
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