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Protection for Religious Freedom in Homosexual 'Marriage' Legislation "Very Weak"

OTTAWA, December 9, 2004 (LifeSiteNews.com) - The Canadian Supreme Court opinion giving the proposed Liberal legislation on same-sex 'marriage' the green light has "very weak" protection for freedom of religion, according to Conservative Leader Stephen Harper. Reacting to the Supreme Court decision today, Harper noted that the Court has made assurances for freedom of religion beyond what is covered in the legislation.

The draft legislation states only that "Nothing in this Act affects the freedom of officials of religious groups to refuse to perform marriages that are not in accordance with their religious beliefs." However, many questions regarding religious freedom and the proposed legislation remain unanswered. Even the Supreme Court opinion widened, albeit slightly, the draft legislation's religious freedom protection.

The Canadian Conference of Catholic Bishops (CCCB) organization welcomed the affirmation by the Court which indicates that "The protection of freedom of religion afforded by s. 2(a) of the Charter is broad and jealously guarded in our Charter jurisprudence". The CCCB continued, "We are pleased that religious officials are protected 'from being compelled by the state to perform civil or religious same-sex marriages that are contrary to their religious beliefs', and that this judgment confirms that freedom of religion also prevents 'the compulsory use of sacred places for the celebration of such marriages'.

Beyond protection for church ministers, and church buildings, however, questions remain about the fate and lack of protection for civil officials whose faiths or consciences prevent them from solemnizing such "marriages". Marriage commissioners in Saskatchewan and Manitoba have already been ordered to perform such 'marriages' or lose their jobs.

The Ontario Conference of Catholic Bishops anticipates that the Ontario government, with the support of the opposition parties, will now enact legislation to give form and substance to the protections indicated by the Supreme Court.

However, that anticipation may lead to disappointment given Ontario Premier Dalton McGuinty's well-known views on moral issues which are often diametrically opposed to the teachings of his Church. Responding to the ruling as an indication to go forward with homosexual 'marriage', McGuinty said, "I'm proud of the fact that we've moved forward . . . It's the right thing to do."

See related LifeSiteNews.com coverage:
MPs Tells Provinces to Stop Forcing Marriage Commissioners to Solemnize Gay Marriages
http://www.lifesitenews.com/ldn/2004/nov/04112402.html

jhw

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