Government remains committed to same sex marriage legislation

Prime Minister Paul Martin said the government is committed to legislation that will provide equal access to civil marriage for same sex couples.

January 28, 2004
Ottawa, Ontario

Expansion of Supreme Court reference will clarify the debate, said PM

Prime Minister Paul Martin said the government is committed to legislation that will provide equal access to civil marriage for same sex couples.

“The government has stated its position in terms of what it is going to argue… and the government has said that it stands behind that legislation,” said the Prime Minister.

The government announced today it will expand the Supreme Court Reference on same sex marriage by adding a fourth question clarifying whether the traditional definition of marriage – between a man and a woman – violates the Charter of Rights and Freedoms.

Justice Minister Irwin Cotler reaffirmed his government’s commitment to extending civil marriages to gay and lesbian couples, while at the same time respecting the principle of religious freedom. No religious institution will be forced to carry out marriage ceremonies contrary to their beliefs, he said.

The decision to clarify whether restricting marriage to opposite sex requirement is unconstitutional will clarify the debate and give Parliamentarians and Canadians a better understanding of the issue, said the Prime Minister.

“It's a very important element of information for the debate in the Chamber and also in Canadian society. This is an important debate. It is also important to make sure that this is a fair process. A lot of Canadians across the country are very concerned about this question, and they want this basic question to be asked,” said Prime Minister Martin.

“At the same time, I believe that it is our responsibility, especially when we have an evolving society and we're dealing with this type of issue, that we give Canadians all the tools they need so they can take a reasoned decision.”

By taking this action, the government is not appealing Ontario and B.C. court rulings on the matter.

The Supreme Court of Canada is expected to examine the draft bill later this year. Legislation will then be debated in Parliament and put to a free vote.

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