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ciroccojDec. 9 (Bloomberg) -- Canada's Supreme Court ruled that the federal government can proceed with a plan to legalize same-sex marriage, saying the rights of gays and lesbians to formalize their bonds is protected by the constitution.
"Canada is a pluralistic society,'' the Supreme Court said in the ruling, which was released in Ottawa. "Marriage from the perspective of the state is a civil institution.''
Today's decision makes Canada's national high court the first to rule specifically on the definition of marriage as it applies to same-sex couples. It also underscores a cultural gap between Canada and the U.S., where voters in 11 states banned gay marriage during the Nov. 2 general election.
The Supreme Court's nine judges said Canada's government has the constitutional right to define marriage as "the lawful union of two persons to the exclusion of all others.'' During the U.S. Presidential debates in October, George W. Bush said he supported a U.S. constitutional amendment to define marriage as between a man and a woman.
Irwin Cotler, Canada's justice minister, said before the decision that he'll introduce legislation to legalize same-sex marriage in January. Prime Minister Paul Martin has said he'll hold a free vote on the bill, meaning members of the governing Liberal Party don't have to back its position.
Country Divided
Canadians are divided on how far the government should go. In a poll conducted Nov. 19 to Nov. 22 by Ipsos-Reid Public Affairs, almost 40 percent of respondents said same-sex marriage should be equal to heterosexual unions. Almost a third said any legal recognition for same-sex couples should carry less weight than conventional marriages.
Ipsos-Reid, a unit of Paris-based Ipsos, released the survey results today. The telephone poll of 1,000 Canadians is accurate to within 3.1 percentage points, 19 times out of 20.
In its ruling, the Supreme Court said religious officials can't be forced to perform same-sex marriages, as their beliefs also are protected by Canada's Charter of Rights and Freedoms.
"If a promulgated statute were to enact compulsion, we conclude such compulsion would almost certainly run afoul of the Charter guarantee,'' the judges said.
The case is Reference re Same-Sex Marriage, 2004, SCC79, Supreme Court of Canada, Ottawa.
Link to article: bloomberg.com.
"Canada is a pluralistic society,'' the Supreme Court said in the ruling, which was released in Ottawa. "Marriage from the perspective of the state is a civil institution.''
Today's decision makes Canada's national high court the first to rule specifically on the definition of marriage as it applies to same-sex couples. It also underscores a cultural gap between Canada and the U.S., where voters in 11 states banned gay marriage during the Nov. 2 general election.
The Supreme Court's nine judges said Canada's government has the constitutional right to define marriage as "the lawful union of two persons to the exclusion of all others.'' During the U.S. Presidential debates in October, George W. Bush said he supported a U.S. constitutional amendment to define marriage as between a man and a woman.
Irwin Cotler, Canada's justice minister, said before the decision that he'll introduce legislation to legalize same-sex marriage in January. Prime Minister Paul Martin has said he'll hold a free vote on the bill, meaning members of the governing Liberal Party don't have to back its position.
Country Divided
Canadians are divided on how far the government should go. In a poll conducted Nov. 19 to Nov. 22 by Ipsos-Reid Public Affairs, almost 40 percent of respondents said same-sex marriage should be equal to heterosexual unions. Almost a third said any legal recognition for same-sex couples should carry less weight than conventional marriages.
Ipsos-Reid, a unit of Paris-based Ipsos, released the survey results today. The telephone poll of 1,000 Canadians is accurate to within 3.1 percentage points, 19 times out of 20.
In its ruling, the Supreme Court said religious officials can't be forced to perform same-sex marriages, as their beliefs also are protected by Canada's Charter of Rights and Freedoms.
"If a promulgated statute were to enact compulsion, we conclude such compulsion would almost certainly run afoul of the Charter guarantee,'' the judges said.
The case is Reference re Same-Sex Marriage, 2004, SCC79, Supreme Court of Canada, Ottawa.
Link to article: bloomberg.com.
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Date: 2004-12-09 09:08 am (UTC)