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Canadian government seeks Supreme Court advice on gay marriages


July 18, 2003

OTTAWA - The Canadian government sought Thursday the advice of the country's Supreme Court on proposed legislation to legalize same-sex marriages.

The move comes after courts in two provinces -- Ontario and British Columbia -- recently ruled same-sex marriages were legal.
The courts ruled that the federal definition of marriage as a "union between a man and a woman" violated the country's Charter of Rights and Freedoms.

The federal government was caught by surprise by the rulings which meant that while same-sex marriages could be performed -- and have been performed -- in those two provinces, they remain illegal in Canada's other eight provinces and three territories.

Ottawa vowed after the Ontario ruling not to appeal the June 10 decision but to introduce federal legislation on the matter that would legalize same-sex marriages while allowing religious groups to opt out of performing the ceremonies.

Federal Justice Minister Martin Cauchon, after presenting draft legislation to the Supreme Court Thursday, said: "We need an approach that applies across the country and recognizes the equality of all Canadians."

Currently, marriage is defined in federal law, but provincial governments are responsible for implementing the laws and issuing marriage licences.

One western province, Alberta, has indicated that it will not permit same-sex marriages in its jurisdiction even if a federal bill were passed.

In a rarely used move, the federal government is seeking the Supreme Court's advice of the proposed legislation before it goes to a vote in parliament.

Cauchon said the proposed changes to the law are "a matter of dignity."

Under the proposed new definition of marriage, "marriage, for civil purposes, is the lawful union of two persons to the exclusion of all others.

"Nothing in this act affects the freedom of officials of religious groups to conduct marriage ceremonies that are not in according with their religious beliefs," the new draft bill said. - Sapa-AFP

Related stories
Gay couples flocking to Canada may find it hard to divorce: lawyer
Toronto celebrates pride after gay marriage ruling

 

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