Canada's Parliament tables 'landmark' same-sex bill

[dr. what]

...and let the debates begin!

OTTAWA - The Liberal government introduced its same-sex marriage bill in the House of Commons Tuesday, kicking off the next stage of a fierce debate that will spur some MPs to vote against party lines.

Justice Minister Irwin Cotler tabled what he called the "landmark legislation" shortly after 10 a.m. EST.

Cotler said the Civil Marriage Act will "extend legal capacity to marry for civil purposes to same-sex couples while respecting religious freedom."

The package of legislation will also amend eight other federal acts to extend a variety of marital rights to same-sex couples, including income tax measures, business and investment benefits and the right to divorce.

Despite opposition from many Liberal backbenchers, the bill is expected to pass because most Bloc Québécois and New Democrat MPs support the right of homosexual couples to marry.

It comes after a series of provincial court decisions and a Supreme Court of Canada review of several questions posed by the Liberals leading up to the drafting of the new law.

"The Supreme Court of Canada, in unanimously affirming that extending civil marriage to gays and lesbians was constitutional, said this was not only consistent with the Charter, but that it flowed from the Charter," said Cotler.

Court decisions in several provinces and the Yukon territory have already struck down the traditional definition of marriage as being between one man and one woman.

The new legislation will have the effect of making civil marriage legal for same-sex couples in Alberta, New Brunswick, Prince Edward Island, the Northwest Territories and Nunavut as well.

In addition, the Liberals' legislation is designed to protect the right of individual religious congregations to refuse to perform or acknowledge gay marriages.

Church groups lining up to oppose bill

A loose alliance of church groups has vowed to fight the bill despite those protections, including Roman Catholic, Muslim, Hindu, Sikh and Orthodox Jewish congregations, as well as a variety of conservative Christian groups.

The United Church of Canada is among the smaller number of religious communities that have expressed support for gay marriage.

Both Liberal and Conservative MPs have been told they can vote freely, given how controversial the issue has proven over the past two years, but Liberal cabinet ministers and parliamentary secretaries must support the bill.

Only two members of the Bloc Québécois have indicated they won't support the bill, and only Manitoba New Democrat Bev Desjarlais has said she'll break party ranks to vote against it.

The issue has put the most strains on the Liberal party, with many MPs struggling with how to vote in the face of strong lobbying from church groups and others in their ridings. Although a majority of Liberal MPs support the legislation, a number are opposed to the bill and are prepared to vote against it.

Prime Minister Paul Martin, who is a Roman Catholic, has argued that the issue is about supporting minority rights. But he raised the ire of some who oppose the bill when he implied during his recent tour of Asia that he may go to the polls over the issue.

Conservative Leader Stephen Harper is opposed to same-sex marriage but has suggested he would support same-sex civil unions. He also says the changes his party will propose are not unconstitutional.

But Martin has criticized Harper's position, saying the Tory leader would have to invoke the notwithstanding clause to override the Charter of Rights and Freedoms in order to prohibit specific legislation on same-sex marriage in the face of the Supreme Court of Canada reference.


Civil Marriage Act