Canadians for Equal Marriage

Resource

Fact Sheet

The Marriage Reference: What the Supreme Court Said

December 10, 2004

“The mere recognition of the equality rights of one group cannot, in itself, constitute a violation of the rights of another. The promotion of Charter rights and values enriches our society as a whole and the furtherance of those rights cannot undermine the very principles the Charter was meant to foster.” Supreme Court of Canada, Marriage Reference, December 9, 2004

GREEN LIGHT TO GOVERNMENT’S LEGISLATION

The Supreme Court has unanimously given the green light to the government’s equal marriage legislation. This is a victory for all Canadians, and for cherished Canadian values like tolerance, respect and equality.

The Court made clear that Parliament can pass a law extending equal marriage across the country, and that doing so will not violate anyone’s freedom of religion or any other Charter right.

FREEDOM OF RELIGION PROTECTED

The Supreme Court explicitly said religious officials cannot be compelled to perform civil or religious same-sex marriages that go against their religious beliefs. It also said the Charter protects against “the compulsory use of sacred places for the celebration of such marriages” or being “compelled to otherwise assist in the celebration of same-sex marriages.” Charitable tax status is clearly protected.

PARLIAMENT HAS A CHOICE – EQUAL MARRIAGE OR THE NOTWITHSTANDING CLAUSE

Courts in six provinces and the Yukon unanimously said the Charter requires the inclusion of same-sex couples in civil marriage. The Supreme Court said these decisions “are binding in their respective provinces.” It thus preserved the well-established legal principle that same-sex couples have a Charter right to civil marriage.

The only way to take away this Charter protection from same-sex couples is for Parliament to pass legislation invoking the notwithstanding clause. The notwithstanding clause only lasts five years, so further legislation would then have to be passed over and over again.

Parliament has never before used the notwithstanding clause. Doing so would set a dangerous precedent, and would threaten everyone’s Charter protection.

More info: SCC RULING – the complete text of the Supreme Court’s ruling in Reference re Same-Sex Marriage

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