Canadian Senate Approves Marriage Bill

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Canadian Senate Approves Marriage Bill

Written by Administrator

Thursday, 21 July 2005 08:26

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Now it's Official - They're the 4th Nation for Marriage Equality

Ottawa — One of the most raucous debates in Canadian

history resulted in a vote that made Canada the fourth

country to sanction same-sex marriage on Tuesday.

The Senate erupted in a loud cheer as it adopted the

Liberal government's Bill C-38, which will give gay

and lesbian couples the right to marry in courthouses

and city halls across the country.

The 47-21 vote came after years of court battles and

debate that divided families, religious groups and

even political allies.

The final word in the debate came from a Liberal

senator who read to the hushed chamber an e-mail from

a Yukon constituent.

“You have no idea what a difference it makes to the

human spirit to know that you are treated equally

under the law,” said Ione Christensen, the 71-year-old

senator from Whitehorse.

With that, members of the upper chamber were called in

for a three-minute vote that came just after 11 p.m.

and after three years of political and legal battles.

The bill will become law when it receives royal assent

in a ceremony as early as Wednesday.

"Same-sex, same rights," Liberal Senator Jim Munson

quipped.

As the debate dragged on Tuesday, the Liberals

threatened to invoke closure and call a snap vote on

C-38. But the debate ran its course later in the night

and members stood for a vote.

The country had been almost evenly split on the

legislation, which found its greatest support among

younger Canadians and small-l liberal voters.

But even within political clans the issue created

irreconcilable fissures.

One Liberal MP -- Pat O'Brien -- quit his party caucus

out of frustration with the bill and Joe Comuzzi

resigned from the federal cabinet.

Conservative Leader Stephen Harper has said he will

bring back the debate if he's elected prime minister.

One Conservative said voters will have the final say

over Ottawa's decision to redefine marriage.

“Let the country speak at the next federal election,”

Tory Senator Gerry St. Germain said hours before the

bill passed. “Let's not pass this legislation now.

Let's wait. Let's make [the election] a referendum on

this bill.”

The Liberals say only one tool remains at the disposal

of anyone wishing to turn back the clock: the

Constitution's so-called notwithstanding clause.

No federal government has ever used that provision in

the Charter of Rights, which allows governments to

overrule rights deemed fundamental.

The Tories and Liberals have sparred over whether the

legislation was preventable. A top Liberal senator

said Tuesday there was no end in sight to the

bickering and that it was time to vote.

“There is no point in further postponement,” said Jack

Austin, the Liberal leader in the Senate.

“There are no new issues to be argued, there are no

new positions to be taken.

“I think everyone in this chamber understands that we

have -- along with the Canadian people -- come to our

own conclusions.”

The Tories were hoping to amend C-38 to say marriage

has traditionally been defined as the union of a man

and woman.

But the government side had two reasons for opposing

the Tory move.

First, they dismissed it as an insignificant and

unnecessary change to the legislation.

But proponents of same-sex marriage had a deeper fear:

that the bill could potentially be scrubbed if any

changes were made at this point.

Amendments would have sent the bill back to the House

of Commons, which is adjourned for the summer break,

only to have it return for further debate in the fall.

Since the Liberals have a minority government, they

could theoretically be toppled at any time and

legislation before the Commons would disappear if

there were an election.

The marriage legislation stems from a 2003 Ontario

Court of Appeal ruling that the exclusion of same-sex

couples from marriage was unconstitutional.

The government had fought same-sex couples in court

but became a proponent of redefining marriage as

courts in Ontario and seven other provinces sided with

gays and lesbians.

Then-prime minister Jean Chretien announced in June,

2003, that he would not appeal the Ontario ruling and

that he would table legislation heeding to same-sex

couples' wishes.

Bill C-38 would extend same-sex rights to Alberta and

P.E.I., the only two provinces where courts have not

yet struck down traditional marriage laws.

The legislation also stipulates that the new

definition of marriage is only binding on public

institutions like courthouses and city halls.

It says religious institutions -- churches, mosques,

synagogues and temples -- and individuals can continue

defining marriage as they see fit.

However, some public officials have said they fear

they might lose their jobs if they refuse to marry

same-sex couples because of their personal religious

convictions.

Justice Minister Irwin Cotler has said those

individuals -- and their jobs -- will be protected by

the legislation and by the Charter of Rights's

guarantee of religious freedom.

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