O Canada!
Canadian Parliament approves same sex marriage
Wed Jun 29, 2005
By David Ljunggren
OTTAWA (Reuters) - Canada's Parliament on Tuesday approved legislation to allow same sex marriages across the country, despite fierce opposition from conservative politicians and religious groups.
Legislators voted by 158-133 to support the bill, which makes Canada only the third country in the world after Belgium and the Netherlands to permit gay marriages.
Most Canadian provinces already allow same-sex marriages, and Canada has become a popular destination for gay and lesbian couples from countries where these unions are banned.
The minority Liberal government said it had to draw up the legislation after courts in eight of the country's 10 provinces ruled that a ban same-sex marriages was unconstitutional because it violated Canada's Charter of Rights and Freedoms.
Canada's relaxed stance on gay marriage, and on other social issues, stands in contrast to that of the United States, where President George W. Bush wants Congress to back a constitutional amendment banning same sex marriages.
"We are a nation of minorities and in a nation of minorities, it is important that you don't cherry pick rights. A right is a right and that is what this vote tonight is all about," Canadian Prime Minister Paul Martin said shortly before the vote.
Thousands of gay and lesbian couples have already been wed in Canada. Some came up from the United States, although their unions are not recognized back home.
Church groups and the main opposition Conservative Party say the law is an attack on organized religion, and some have suggested that it could lead to the legalization of polygamy.
"(This) is effectively exposing people of faith to persecution and prosecution ... I want to make it very clear today that this is the beginning of the formal fight against the definition of marriage," said Charles McVety, president of the Canada Family Action Coalition.
Opponents say they fear churches and religious officials could be sued for refusing to carry out same sex marriages.
In fact, the legislation grants gays and lesbians the right to full civil marriages, but makes clear that religious officials would not be obliged to marry same-sex couples.
This did not do enough to allay the fears of some Liberal legislators, 32 of whom voted against the bill.
Martin ordered his cabinet to back the legislation, prompting junior minister Joe Comuzzi to resign before the vote so he could vote "no".
The bill still needs to be approved by the Liberal-dominated Senate upper chamber, but that is seen as a formality.
Some Liberal lawmakers admit they fear a voter backlash at the next federal election, expected early next year. Conservative leader Stephen Harper says opposing gay marriage will form a major part of his election platform.
But Harper's stance could also be risky. The Liberals won elections in 2000 and 2004 in part because they portrayed their right-wing rivals as extremists who would hack away at civil rights if elected.
Parliament broke for the summer immediately after the vote. Legislators will resume work on September 26.
© Reuters 2005. All Rights Reserved.
Links of Interest
Equal Marriage
Egale Canada
See also
Military Gay Marriage in Canada
Comments
The Supreme Court and same-sex marriage
CBC News Online | June 28, 2005
Gay rights in Canada have come a long way since 1965. That year, Everett Klippert told police investigating a case of arson that he was homosexual and that he had been having sex with men for 24 years.
Klippert was charged with gross indecency and sentenced to three years in prison. While doing his time, he was interviewed by two psychiatrists who concluded that Klippert could be described as a dangerous sexual offender.
He was ordered jailed for life. Two years later, the Supreme Court of Canada upheld the sentence.
In 1969, the federal government decriminalized homosexuality. Klippert would remain in prison until July 20, 1971.
Ten years later, Toronto would hold its first Gay Pride Day, an event that has become the second-largest annual celebration in North America of gay life.
As the 25th annual pride week wound up, Canadian politicians prepared to pass legislation that would change the definition of marriage to include the unions of same-sex couples. Most provinces had already moved to recognize same-sex marriage.
On June 17, 2003, Prime Minister Jean Chrétien announced his intention to legalize same-sex unions. The draft legislation would also recognize the rights of religious groups to "sanctify marriage as they see fit." The decision meant the federal government would not appeal lower court rulings that same-sex couples had the same right to marry as opposite-sex couples.
The issue has caused an uproar among many church leaders and traditionalists, who argue the government does not have the right to redefine marriage.
But on Dec. 9, 2004, the Supreme Court of Canada ruled that Ottawa does have exclusive jurisdiction to decide who has the right to get married in this country – but that religious groups are not obliged to perform unions against their beliefs.
The decision means that same-sex marriages performed in eight provinces and one territory are legal and must be recognized. Same-sex marriages are not performed in Alberta, P.E.I., Nunavut and the Northwest Territories, but the Nunavut government will recognize same-sex marriages performed elsewhere.
The fight may not be over – Alberta's justice minister responded to the Supreme Court decision by saying the province's marriage law, which defines marriage as a union between a man and a woman, won't be changed.
On May 5, 2005, the government's same-sex marriage bill passed a second reading, moving it closer to becoming law.
June 28, 2005:
In the final stages of the vote, federal cabinet ministers in opposition to Bill C-38 are urged to reject it. MP Pat O'Brien, who left the Liberal party over the issue, says some Liberals in cabinet have voted in the past to uphold the traditional definition of marriage. The now-Independent member believes they are being forced to vote in favour of same-sex unions or lose their cabinet posts.
The bill is expected to clear the House after a third and final reading in an evening vote. It will clear the Senate in late July, making Canada the third country in the world to legalize gay marriage, after Belgium and the Netherlands.