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Canada Supreme Court Says: Go Go Gay Marriage

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maharg

idspispopd
I'm surprised no one seems to have posted about this, but as soon as next year gay marriage could be legalized across Canada (currently legal in 6 of 13 provinces and territories). The Liberals back when it was legalized in Ontario and the court ordered the government to read gay marriage rights into the provincial law, asked the Supreme Court to review a potential bill to legalize gay marriage by changing the wording to be "a union between two adults to the exclusion of all others." Probably this was a stall tactic to keep the issue out of the election.

The supreme court came back yesterday with a ruling that said they had the power to do so, and that if the federal definition changed, the provinces would NOT be allowed to use the notwithstanding clause to block it, as it would then contradict federal legislation in an area where they have no jurisdiction.

They also *refused to answer* the question as to whether a separate but equal civil union structure would be acceptable, as gay marriage has already become so firmly entrenched in so much of the country already, and because it contradicts the Liberals' public stance on the issue.

The question is, will the bill pass? If the Liberals can coalition with the Bloc Quebecois and the NDP to pass it, it will. But there's the potential for some Liberals to break with the party on the issue, and it doesn't seem likely that the party whip will be used because that would make it look bad if it passed. The Bloc and the NDP, however are almost sure to vote in favour. However, I believe the federal government is now *required* to either pass an act to allow gay marriage, or pass an amendment to the Charter of Rights and Freedoms that explicitly allows them to deny it (as the wording currently does not allow them to, as I understand it).

So yeah, I think this is pretty interesting. Canadians who feel strongly about this (and I know there are quite a few Canadians on this forum) should make sure to let their MPs know how they feel about this. This is basically the last opportunity for opposition, and the most important opportunity for those in favour.

The decision is here (and is quite readable)
Alberta's position on the bill to be put through Parliament is here

(there was some discussion about this in another thread, but I think it deserves its own)
 

Azih

Member
It'll pass I feel. I think the pro gay marriage people have a slight edge in public opinion, the Bloc and the NDP are in full support of it. The only province with significant opposition is Alberta, and that's a place where Liberals get very little votes anyway.

Plus this is an easy way for the Liberals to say "see we're not dictated to by Americans!" to mollify the pubilc when they sign on to missile defense (it's obvious Paul Martin wants to despite the huge majority opposition to it by Canadians).
 

bishoptl

Banstick Emeritus
If Paul Martin is dumb enough to sign on with the missile defense treaty with the minority government he has now, the Liberals will be turfed within the year.
 

Azih

Member
bishoptl said:
If Paul Martin is dumb enough to sign on with the missile defense treaty with the minority government he has now, the Liberals will be turfed within the year.
I don't know, they can get in bed with the Alliance to get this through and I get the impression that all of the Liberals left probably want to hang on to power enough to not break ranks. I mean after Sheila Copps was pushed out and Carolyn Parrish dumped, it's obvious to the remaining backbenchers what the party line is.

I have a very jaundiced view of the Liberal Party :)
 

maharg

idspispopd
Well, even here in Alberta, the libs and NDP picked up seats in the last election. I agree that popular sentiment is for it. On A-Channel news last night there was some reverand saying "Let's have a referendum!" -- I think the anti would lose in this case. Especially with the liberals able to set the question in their favour.

It really depends on how many liberals dissent.
 

6.8

Member
It'll pass. I think we have better things to do in politics nowadays, but if they're gonna do it, might as well do it.
 

maharg

idspispopd
If I were the leader of the conservatives and I wanted to make a statement, I'd make sure no one in the party showed up for that vote. It wouldn't make a damn bit of difference, but it sure would be useful propaganda.

This will make us the third? or fourth? country to nationally accept gay marriages, won't it? And does anyone know when the next session of parliament is?
 

Tabris

Member
Canada, Norway and uhmm, I forgot the other country, probabaly Sweden are ahead of the rest of the world.

While America is going backwards.
 

xsarien

daedsiluap
They also *refused to answer* the question as to whether a separate but equal civil union structure would be acceptable, as gay marriage has already become so firmly entrenched in so much of the country already, and because it contradicts the Liberals' public stance on the issue.

I would've thrown out whomever asked it on principle alone.
 

maharg

idspispopd
Well, the question may or may not have been added strategically. I don't think they would have ruled in favour of it, for various reasons, and the liberals must have known that. I think they put it in (a) to appease the conservative base in advance of the election and (b) to cause a delay past the election (since before they added that question the schedule for an answer had them giving it before the election).

At any rate, it's pretty cool that they outright refused to answer it on the grounds that it was a stupid question heh.
 

XS+

Banned
Why're people still debating this? Is the idea of two men marrying that much of a threat? You really have to question the sanity of those who're almost canine in their opposition to gay marriage. We live in an increasingly progressive society, where the outmoded way of thinking the West has subscribed to can no longer survive the push for diversity that an increasingly educated and enlightened public hungers for.
 

Boogie

Member
Azih said:
I don't know, they can get in bed with the Alliance to get this through and I get the impression that all of the Liberals left probably want to hang on to power enough to not break ranks. I mean after Sheila Copps was pushed out and Carolyn Parrish dumped, it's obvious to the remaining backbenchers what the party line is.

I have a very jaundiced view of the Liberal Party :)

I disagree. I think the Conservatives might be likely to oppose missile defence to toss out the government. Every the Conservatives have been quoted on missile defence in the past few months, they've been hesitant and skeptical toward it.

If it comes to a vote, they may oppose it, saying that they're supporting public opinion, and use that to try and gain enough support to form the government following another election.
 

fennec fox

ferrets ferrets ferrets ferrets FERRETS!!!
Tabris said:
Canada, Norway and uhmm, I forgot the other country, probabaly Sweden are ahead of the rest of the world.

While America is going backwards.
kenya_08.gif

Forget Norway!
(MORE LIKE SNOREWAY)
 

Memles

Member
Boogie said:
I disagree. I think the Conservatives might be likely to oppose missile defence to toss out the government. Every the Conservatives have been quoted on missile defence in the past few months, they've been hesitant and skeptical toward it.

If it comes to a vote, they may oppose it, saying that they're supporting public opinion, and use that to try and gain enough support to form the government following another election.

But it would also make Harper out to be in agreement with the NDP...if they put it to Parliament, it'll pass on the Consservative/Liberal votes.
 

Dead

well not really...yet
Tabris said:
Canada, Norway and uhmm, I forgot the other country, probabaly Sweden are ahead of the rest of the world.

While America is going backwards.
Belgium
 

SickBoy

Member
The Supreme Court decision is not surprising, and I think the Commons will ultimately pass a same-sex marriage bill.

I'm all for it. I don't feel threatened by the idea that two men (or women) can get together, long-term, and call it marriage. It doesn't diminish or cheapen my marriage in any way.

I would think that the decision's protection of a church's right to deny marriage service to gays would settle down a lot of opposition, but I doubt it will happen.

I think people genuinely are interested in what goes on in others' bedrooms... and they'll fight to preserve the "institution of marriage," even though their visions of what marriage should be are already long dead and gone.
 
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