Rob Cottingham

9 Jun 2005

Same-sex marriage: What’s on the line

Bookmark and Share
Category: Politics

You might wonder just why the debate over same-sex marriage is so charged on the pro side. For the antis, after all, this goes to God and the human soul and the origin of the universe and whether we’ll all burn in hell because Ted and Kumar up the street got to have their ceremony and a nice certificate.

Whereas for those of us supporting the right to same-sex marriage, the practical effect is really quite small, especially with that so-very-reasonable compromise some of the antis keep suggesting of creating a sort of I-Can’t-Believe-It’s-Not-Marriage!, where lesbian and gay couples would have all the rights of straight couples — just not that marriage moniker. Right? Right?

Well, no, actually. In a very real way, our souls are on the line, and Cathie from Canada spells it out brilliantly by reprinting a news article on same-sex marriage. She simply replaces one word with another throughout the piece…

[Justice Minister Cotler said] it’s beyond his legal reach to protect provincial marriage commissioners or religious organizations who turn away Jewish couples … “That’s right,” Cotler said, when asked if his hands are tied by jurisdictional limits. Ottawa has the authority to define marriage, but provinces have the power to solemnize weddings.

A range of conflicts has already emerged. Human rights challenges are underway in cases where religious groups refused to rent halls for Jewish celebrations. Marriage commissioners in several provinces, including Manitoba and B.C., have stepped down after receiving provincial orders to perform Jewish weddings against their beliefs. A couple in Prince Edward Island shut down their bed-breakfast rather than rent a room to a Jewish couple.

Subscribe to comments on this post

4 Responses to “Same-sex marriage: What’s on the line”


  1. larry borsato says:

    My rights are better that your rights.

    I have no strong opinion one way or the other regarding same sex marriage- I can understand the views of both sides – but I do tire of the rhetoric on either side. Today One Damn Thing After Another quoted…


  2. Rob says:

    I’ve responded to Larry on his site, but wanted to repeat my response here (partly because his site’s comment function stripped out the link I included, and it’s a useful one):

    As I understand the legislation, Larry, churches remain free to do whatever they want. C-38, the Civil Marriage Act, deals with – as the name suggests – civil marriage only.

    I’m no legal expert… but fortunately, Mary Hurley of the Law and Government Division of the Library of Parliament is. From the Library’s legislative summary of Bill C-38:

    Bill C-38’s key provision defines civil marriage as “the lawful union of two persons to the exclusion of all others.” It is worth stressing that Bill C-38 is concerned exclusively with civil marriage, and does not affect gender-neutral survivor or common-law partner entitlements in federal legislation.

    ….The Court considered arguments that legislating same-sex marriage discriminates against religious groups opposed to it and/or would result in a collision of equality rights with freedom of religion guarantees. It found, on the first point, that the draft legislation reflected in clause 2 ‚Äúwithholds no benefits, nor does it impose burdens on a differential basis. It therefore fails to meet the threshold requirements of ‚Ķ s. 15(1) analysis‚Äù (par. 45). In the Court‚Äôs view, ‚Äú[t]he mere recognition of the equality rights of one group cannot, in itself, constitute a violation of the rights of another‚Äù (par. 46).

    ….Clause 3 recognizes that officials of religious denominations may refuse to perform marriages that are at odds with their religious beliefs.


  3. Rick Barnes says:

    Well done! I just want it over and done with. As a gay man being the centre of an issue for two years while the country has healthcare, education and scandal to address, seems the politicians have wanted this to be a number one issue.


  4. Thursday says:

    It’s not really the politicos that want this front and centre: any issur that is a fifty-fifty split is one any federal group wishes would go away…

    Personally, I don’t really have a problem with churches not marrying gay couples, much like I don’t have an issue with them turning away someone who wishes to use it for a seder or other Jewish ceremony. A church (or synagogue or temple or what have you) can’t really be considered non-denominational, can it? If a hall has declared itself non-denominational, or specifically municipal/provincial/federal, then yes, I have a problem with them playing favorites.

Watch my YouTube channel

Creative Commons License This work is licensed under a Creative Commons Licence. Please attribute to Rob Cottingham with a link to the content's original page on this web site.

Powered by WordPress, state-of-the-art semantic personal publishing platform

Find out about the other tools this site uses