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Canada's Supreme Court Gives Its Blessing to Homosexual 'Marriage' - Legislative Fight Next

OTTAWA, December 9, 2004 (LifeSiteNews.com) - The Supreme Court of Canada handed down its unanimous 9-0 opinion this morning on the reference questions on same-sex 'marriage' put forward by the Liberal Government of Canada. The decision gives the legal go-ahead for the government's stated intention to introduce same-sex marriage legislation. It does not, however, require the government to introduce such legislation, as many had expected might have been the result if the mostly activist judges answered the government's fourth reference question.

The Court judges rendered their opinion that the federal government has exclusive control over determining the legal capacity to marry and thus may allow persons of the same sex to wed. They also ruled that the proposed legislation to allow such marriages, which the Justice Minister has indicated will be introduced in Parliament early January, is constitutional. Finally, the court ruled that the Canadian Charter of Rights and Freedoms prevented religious officials from being compelled by the state to perform homosexual 'marriages'.

The judges significantly declined to answer the fourth question on whether the current laws upholding traditional marriage were unconstitutional.

(See the exact wording of the reference questions and the proposed legislation here:
http://www.canada.justice.gc.ca/en/news/fs/2004/doc_31110.html )

The Court compared the failure to recognize women as persons to the refusal to grant 'marriage' rights to same-sex persons. It quoted a lawyer in a Canadian women's rights case who claimed that "several centuries ago it would have been understood that persons should refer only to men." Launching from that quotation, in a revealing low blow at pro-family advocates, the justices opined, "Several centuries ago it would have been understood that marriage should be available only to opposite-sex couples". The justices did not acknowledge that such an understanding is still dominant in almost all the world and that the aggressive challenges to traditional marriage were launched only very recently in some developed nations.

Continuing from their insinuation of a Middle Ages mentality held by traditional marriage defenders, the justices stated, "The recognition of same-sex marriage in several Canadian jurisdictions as well as two European countries belies the assertion that the same is true today." The Canadian "jurisdictions" or provinces to which the judges referred were all subject to decisions by activist judges who imposed legislative changes on the provinces.

While Prime Minister Paul Martin vowed a free vote would be permitted on the matter, it has been revealed that there will be no free vote for nearly 70 of the just over 300 members of Parliament since cabinet members and their parliamentary secretaries are to be forced to vote in favor of the homosexual 'marriage' legislation.

Life and Family groups in Canada are encouraging Canadians to contact their MPs in their constituency offices and urge them to vote against any government legislation which approves of homosexual 'marriage'.

See the full Supreme Court opinion:
http://www.lexum.umontreal.ca/csc-scc/en/rec/html/2004scc079.wpd.html

jhw

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