SEXUAL ORIENTATION; MARRIAGE (GENERAL); LEGISLATION;

MARRIAGE;

You asked for a summary of the Canadian marriage bill and its current status.

On July 17, 2003 Canada’s minister of justice and attorney general referred a draft bill on marriage and the legal recognition of same-sex marriages to the Supreme Court of Canada. The bill states that marriage, for civil purposes, is the lawful union of two persons to the exclusion of all others. It also states that it does not affect the freedom of religious officials to refuse to conduct marriage ceremonies that are not in accordance with their religious beliefs.

The court was asked to answer three questions:

1. whether the bill is within Parliament’s exclusive authority,

2. whether the extension to same-sex couples of the capacity to marry is consistent with the Canadian Charter of Rights and Freedoms (part of that country’s constitution), and

3. whether the Charter’s guarantee of freedom of religion protects religious officials from being compelled to perform same-sex marriages that are contrary to their religious beliefs.

The court has given provincial governments and groups that wish to intervene in the case 24 weeks to file their legal briefs, and is likely to issue its ruling during its spring 2004 term.

After the court has examined the draft bill and given its opinion, a bill will be introduced in the House of Commons, debated through the usual legislative process and voted on in the House and Senate.

SP-L: ts