Politics
Monday July 7, 2003
Canadian Government to Seek Supreme Court Opinion on Homosexual 'Marriage' Law
A weak and "very limited course of action" on a very serious matter
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OTTAWA, July 7, 2003 (LifeSiteNews.com) - The federal Justice Department has completed its promised homosexual marriage draft legislation changing the definition of marriage from being between "one man and one woman" to between "two persons." This week the government will ask the Supreme Court of Canada for a reference to answer three questions.
1) if the proposed legislation complies with the Charter of Rights
2) if it is permitted by the Charter for the bill to say religious institutions cannot be forced to perform homosexual 'weddings'
3) if the definition of marriage is the exclusive jurisdiction of the federal government rather than the provinces
Pro-family critics note that the last question seeks to curtail the efforts of the province of Alberta which has vowed to use 'notwithstanding clause' provisions of the constitution to avoid the court-ordered redefinition of marriage.
Gwen Landolt of REAL Women Canada explained that the choice of a Reference is a poor one. "It is unfortunate that the government has chosen to go by way of Reference to the Supreme Court. This is a very limited course of action since the questions drafted by Justice officials can only be answered by a 'yes' or 'no' response. The Supreme Court of Canada would not be able to hear the fundamental arguments on both sides of the issue. Also, a Reference is not binding, it is only advisory."
However, due to the just announced application for leave to appeal the Ontario Appeals Court ruling, the concept of a Reference may become moot.
See the National Post coverage:
http://canada.com/national/story.asp?id=98FBEE85-7F48-4FD9-B51E-8C293B6EAE18
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