In a decision that could impact the religious freedom of all Canada’s public employees, the Saskatchewan Court of Appeal will release its decision Monday as to whether marriage commissioners can opt out of performing same-sex “marriages.”
From a press release today by the Evangelical Fellowship of Canada, who intervened in the case:
In July 2009, the Justice Minister of Saskatchewan asked the Court of Appeal for an opinion on potential legislative options which would permit marriage commissioners to decline performing same-sex marriages if contrary to their religious beliefs.
“The Court’s decision has the potential to redefine the scope of conscience and religious rights for employees across the public sector in Canada,” explains EFC Legal Counsel Faye Sonier.
The government proposed two potential legislative options; one permitting marriage commissioners appointed before November 5, 2004 to refuse to solemnize a marriage contrary to their religious beliefs and a second that would allow any marriage commissioner the same right. The Court of Appeal is tasked with determining whether either or both meet the constitutional standard of the Canadian Charter of Rights and Freedoms.
The EFC filed written arguments and spoke at the hearing before the court on May 13 and 14, 2010. The EFC supported only the proposed legislation that would protect and ensure the religious and conscience freedoms of all marriage commissioners.
“To argue that only citizens working in the private or non-profit sectors have Charter protections is ludicrous and contrary to our human rights and employment law,” states Sonier. “Canadian case law is clear – regardless of where you work in our nation, you have constitutional rights as enshrined in the Charter.”
For more information, see the EFC’s FAQ on the Marriage Commissioner Reference document at their blog, ActivateCFPL.