OPINION

Same Sex Marriage

Written by Richard Marcus
Published June 29, 2005

It's official. Sometime after 9:00 pm last night the Canadian House of Commons passed a motion legalizing same sex civil marriages. In pretty much a free vote, where people don't have to vote on party lines, the bill passed with a comfortable majority. Even with some Liberals voting their "conscience" and saying no the opposition couldn't come up with the votes to defeat the motion.

The only sop thrown the political right was that the bill in no way forces a religion to perform such a ceremony if it doesn't want to. Whether this would stand up in a court which ruled that any obstruction to same sex marriage was unconstitutional is a question for another time.

What matters now is that Canada has become only the third country in the world to have a law endorsing same sex marriage. The whole thing was slightly redundant because it's the provinces that have control over laws governing marriage, and all but three provinces have already established laws that allow them. With the passage of federal legislation the remainder will probably follow suit shortly.

It was all rather a tempest in a tea cup anyway. Once the courts had decided that it was a violation of the Charter of Rights and Freedoms to prohibit same sex unions, it became illegal to do so. A government could invoke something called "The Not Withstanding Clause" which allows them to opt out of the Charter of Rights on a specific issue if they seriously wanted to prevent gay weddings.

There is no way that a politician or political party is going to go on record in Canada as being the ones to do that. The potential political fall out could destroy their chances of re-election. In this country no matter how right wing you are, if you are serious about holding power , you can talk a good extreme game, but you'd better not put it into action.

Most Canadians are justifiably proud of their reputation for fairness. Invoking the Not Withstanding Claus to deny somebody a right given them by the Supreme Court of Canada would not go down well.

The Liberal party's approach to the matter was to make it rights issue. Over and over again the federal government emphasised that this was about guaranteeing minority rights. That in a country as diverse as Canada we can not treat any one group differently then the next in terms of certain inherit rights, even if we don't happen to agree with them. Everybody has the right to be treated in the same manner.

page 1 | 2 | 3
Copy02-11-Richard portrait-72-4x4.jpgRichard Marcus is a long-haired Canadian iconoclast who writes reviews and opines on the world as he sees it at Leap In The Dark and Epic India Magazine.
Keep reading for information and comments on this article, and add some feedback of your own!
Same Sex Marriage
Published: June 29, 2005
Type: Opinion
Section: Politics
Filed Under: Culture: Family and Relationships, Culture: Religion, Culture: Society, Politics: Law and Rights, Politics: U.S., Politics: International
Writer: Richard Marcus
Richard Marcus's BC Writer page
Richard Marcus's personal site
Spread the Word
Like this article?
Email this
Submit to del.icio.us Save to del.icio.us
RSS Feeds
All RSS Feeds (240+)
Comments on this article
BC articles by Richard Marcus
Culture: Family and Relationships
Culture: Religion
Culture: Society
Politics: Law and Rights
Politics: U.S.
Politics: International
All Politics Articles
Richard Marcus's personal weblog
All Opinion articles
All BC articles
All BC Comments

Comments

#1 — June 29, 2005 @ 11:22AM — skeezix

I agree that the vote was redundant for the vast majority of Canadians (given that same-sex marriage is already legal in 8 of the 10 provinces).

However, it is not accurate to say that the provinces have control over laws governing marriage. Only the federal government can define marriage, and only Ottawa can decide who is capable of getting married. In the 8 provinces (and 1 territory) where same-sex marriage is already legal, the courts (not the provincial governments) tossed out the old federal prohibition against gay marriage. The provincial governments control the issuance of marriage licenses, but are otherwise quite irrelevant to the decision over who is entitled to a license.

With the passage of the new federal legislation, the two remaining provinces and two remaining territories where same-sex marriage is not yet legal, will have no choice but to follow suit. The feds call the shots on this issue, and the provinces just handle the paperwork.

#2 — June 29, 2005 @ 11:49AM — Byron Jones

The most alarming comment that I saw in this article was the author's highlighting of the fact that Canadians must rely on their rights being "given them by the Supreme Court of Canada." Because so many Canadians (and especially politicians) are willing to lie down and take their orders from an unelected body of judges and elitist lawyers and law professors, they have shown that their country is not a democracy. Of course in the United States we are having to face the same issues. The main difference between the US and Canada, however, is that a person does not risk being prosecuted, losing their job, or forced to pay damanges to persons who are "offended" by their comments. It is stupifying to me that this is the kind of society that many Canadian's want while having the audacity to claim that they have freedom of speech and tolerance. What they (liberals) really mean is that they value diversity and tolerance as long as it agrees with their position.

#3 — June 29, 2005 @ 18:01PM — Ruffnek

If the majority of the population in Canada does not want Church of any kind in the State, then why are we now forcing the State on the Church? It is a weak temporary defence to believe that Churchs of any denomination or any faith will be allowed to hold to their beliefs and not have a price to pay for opposing the practice of gay marriage. Yet, at the same time, our govenment will not take a stand to bring accounting practices under tighter legislation in light of all the corporate deception and loss of Canadian revenue in fear of the Accountant revolt?

So what gives secularists the right to force faith driven people and organizations into a position that they are not willing to accept? The ramifications of the gay marriage decision will extend deeper and farther than most are capable of undersatanding without massive personal research. What will be the vote when polygamists and incestors ask for their rights given our liberality on the issue of marriage? How will our future children be educated in school on these topics now that they are legal? How will the traditional family survive given the inclusion of secular definitions in holy matrimony?

Most importantly though, is when are we as Canadians going to wake up and understand our responsibility to our Major trading partner and allie the United States of America and resume our role as a moral leader in World politics. Our military is a shambles and has lost any and all of its glory that freed entire nations from the German Nazis and earned the hearts of many millions of Europeans. Now we are needed in the Middle East and we are nowhere to be found because of the consistant in fighting that is tearing our country apart. If I am not mistaken, it is Canada that Holland holds a day of rememberance for in honour of our once brave and virtuous stand to defend innocent people facing oppresion. I beleive that France too sheds a solemn tear in Rememberance of the efforts and sacrifice of CANADIANS once every year at the monument they built for us!

So why are we focusing in such trivial issues when we are needed as a good mentor to lead developing countries down a safe path to democracy. I think I know why. Probably because we have lost democracy here by handing it over to judges and lawyers in an unhear of new era of Politics soon to be called "Judiciacy."

Want comments emailed to you? No spam, promise! Address:

Add your comment, speak your mind

(Or ping: http://blogcritics.org/mt/tb/31763)

Personal attacks are not allowed. Please read our comment policy.





Remember Name/URL?

Please preview your comment!

Fresh
Articles
Fresh
Comments