Canadas highest court to examine gay marriage
Publish date: 11 October 2004
Issue Number: 1192
Diary: Legalbrief Today
Category: Human rights
Canadas Supreme Court is to tackle the issue of gay marriage.
The Globe and Mail reports the court will hear a historic reference case precipitated by a string of provincial rulings. It has been asked by Ottawa to review a draft Bill proposed to amend the legal definition of marriage to include gay and lesbian couples. Courts in Ontario, British Columbia and Quebec have already struck down common-law prohibitions against such unions. While it is expected the Supreme Court will come down on the side of same-sex marriage, opponents, many in the Christian churches, say the decision will marginalise the church. Their concerns include a fear that they will face persecution and discrimination for holding on to the belief that God, according to Holy Scripture, ordained marriage only for heterosexual couples. Gay rights have been winning most of the time, but marriage is the biggest point of access for equality, said Professor Jamie Cameron, of York University\'s Osgood Hall Law School. She says success seems all but certain considering the Supreme Court\'s track record on gay-equality cases, a line of victories that range from the inclusion of gays under the Charter of Rights and Freedom\'s equality protections to the right to spousal support. Full report in The Globe and Mail