Press Release

Canadians for Equal Marriage

December 14, 2003

Message to the New Government: Don’t Try to Deny Same-sex Couples Access to Marriage

Expanding the Reference would be a Back-door Appeal

TORONTO—In July, the federal government asked the Supreme Court to review draft legislation that would provide access to marriage for same-sex couples across Canada. Shortly after being sworn in as Justice Minister, Irwin Cotler is reportedly open to asking the Court whether it’s acceptable to provide access to civil unions instead of marriage itself.

“Minister Cotler should not go to court to try to find a way to deny lesbian and gay people access to civil marriage,” said Bob Gallagher, National Coordinator of Canadians for Equal Marriage. “The Prime Minister has clearly stated that ‘separate but equal’ is not an option.”

“Expanding the Reference would be a back-door appeal,” continued Mr. Gallagher. “We are confident the Supreme Court would confirm that ‘separate but equal’ is unconstitutional. However, asking whether gays and lesbians can be denied access to civil marriage would be legal bombshell and would delay the legislation by at least a year.”

“The government chose not to appeal the Ontario, B.C. and Quebec decisions,” said Gilles Marchildon, Executive Director of Egale Canada. “It accepted that same-sex couples be given access to civil marriage. It had some concerns and addressed these concerns to the Supreme Court. The government should wait for the answers.”

“Minister Cotler is on record as being against an appeal of the Ontario, B.C., and Quebec decisions because of the delay involved,” continued Mr. Marchildon. “He was one of the people who advised Martin Cauchon to undertake the current Supreme Court Reference, so that the government’s concerns could be addressed in a timely fashion.”

“Mr. Cotler is a human rights leader with a record of speaking out in favour of the equality rights of gays and lesbians. It would be a huge let down and a tarnish on his reputation if he were to change his mind and relegate gays and lesbians to the back of the bus,” said Mary-Woo Sims, Co-chair of Canadians for Equal Marriage and the former Chief Human Rights Commissioner for BC. “He should know the problems of singling out any minority for differential treatment.”

For more info:
Bob Gallagher, National Coordinator, Canadians for Equal Marriage: 416-456-4043
Gilles Marchildon, Executive Director, Egale Canada: 613-864-1133
Mary-Woo Sims, Co-chair, Canadians for Equal Marriage: 604-328-2058
Laurie Arron, Political Coordinator, Canadians for Equal Marriage: 416-839-7178 (c), 416-928-1238 (o)

See also www.equal-marriage.ca as well as www.egale.ca

Egale Canada ©2011

Canada's LGBT human rights organization: advancing equality, diversity, education, and justice.