Mr. Speaker, for years the Liberals have misled Canadians on the definition of marriage, in the same way they have misled Canadians on the purpose of the sponsorship program. Just as ad scam used national unity as a cover, same sex marriage advocates have used the false cover of equality to mask their agenda.
Despite years of hearings and millions spent by the Liberal government to gain an excuse from the courts to redefine marriage, the Liberals still lack a mandate to proceed.
No one would debate that the Supreme Court of Canada has set itself up as the defender of minority rights in this country. If this issue was really a question about the fundamental human rights, as the Prime Minister claims, then why did the high court not say so.
The government asked the high court a direct question: Is there a constitutional requirement to redefine marriage? The court refused to answer. It said that it was merely a political question for Parliament to decide.
Why is this government pursuing this? Let us take a look at the history of this issue.
In the House of Commons and in the courts the government took the public position until June 2003 that marriage was the union of one man and one woman. Suddenly, just days after the Ontario Court of Appeal ruled that marriage should be redefined to include any two persons, the government reversed course 180 degrees. It completely flip-flopped on this all important issue.
What happened? Did the government have a remarkable conversion experience? Did it have a revelation of a brand new human right than on other national or international court of justice or even the UN commission on human rights has ever recognized? What changed in the course of literally a few days to suddenly convince the Liberal government of this new right?
Is there another explanation? Did the government decide long before this issue ever made it to the courts to pursue the redefinition of marriage in law? Did the government in fact have a hidden agenda all along, a hidden agenda that was first exposed publicly in June 2003, a hidden agenda that had to remain hidden for years because too many Liberal MPs in the backbenches would not tolerate it without the courts taking the lead?
There is evidence to support this proposition. First, the federal government has given same sex marriage advocates, Egale, hundreds of thousands of dollars over the years to support their litigation.
Second, the Liberals have given millions more to the court challenges program which has funded numerous other intervenors in these court cases. The court challenges program even funded the litigation strategy meetings that led to marriage being challenged in the courts in the first place.
Third, there is the extremely tight relationship between Egale and past and present prime ministers and justice ministers. According to a National Post editorial of March 1, 2000, the former justice minister, now Deputy Prime Minister, “Already agreed with Egale to consult them before deciding whether or not to seek leave to appeal. Egale simply told the minister what to do and she did it. Her secretive collusion with Egale, with whom she pretends to have an adversarial relationship in court, raises more than political questions. It raises questions of ministerial ethics as well”.
There are no legal reasons for redefining marriage but are there even legitimate political reasons for doing so?
First, there is no significant petition before this House demanding same sex marriage but there are hundreds of thousands of signatures opposing it. This is not a trivial point. The reason Egale and its supporters cannot generate a significant petition is that there is no support for their position, even in the gay community. This is supported by the evidence offered by provincial governments that only a few thousand same sex couples have married in the two years since provincial appeal courts redefined marriage.
Statistics Canada has been collecting census data on same sex couples who cohabit and yet we know that merely a few per cent of such couples have taken advantage of this situation. We have clear evidence that there is little interest in same sex marriage in the gay community.
On the other side of the coin, we have clear evidence from the general public of a desire to maintain the traditional definition of marriage. I have already mentioned petitions. I know other members have already spoken to the thousands of communications they have received in support of a one man and one woman marriage, and my riding is no different.
I am hard-pressed to find any serious political justification for redefining marriage either. This is not a values neutral question. Redefining marriage will have serious consequences for Canadian society. In fact there is hard evidence of some of these consequences already.
First, let us consider the impact on children. According to the social science research, children do best in the home of a married mother and father. The courts are required to consider the best interests of children. If the definition of marriage is redefined, same sex adoption and fostering will forever legally deny some children a mother and a father.
It is not speculation that this will be the reality. I note the New Brunswick Minister of Family and Community Services told the CBC on February 8 that his province will move to allow homosexual adoption:
Once Ottawa passes this bill, if they do, then as a provincial government we have to adhere to the federal laws, and if the federal definition of marriage includes same-sex couples, then we will have to look at that legislation.
Minister Tony Huntjens maintains that the province would not make the change if Bill C-38 were defeated.
Second, the educational curriculum in the public schools looks set to change as a result of this bill as well. A school board in my riding fought a case all the way to the Supreme Court of Canada in recent years for the right to a curriculum that represents the values and concerns of parents. The parents won that case, but as a result of the B.C. appeal court decision redefining marriage, the province of B.C. is already being sued by activists who want to force same sex marriage into the public school curriculum. If Parliament passes Bill C-38, the rights of these parents to a curriculum that reflects their values will be extinguished.
Third, we are also seeing the rights of faith based groups threatened by the redefinition of marriage. I note the case of the Knights of Columbus Hall in Port Coquitlam, B.C. This church organization faces prosecution for refusing a same sex wedding celebration.
Fourth, we are seeing the rights of marriage commissioners violated by the provinces. Marriage commissioners have been forced out of their jobs because of their religious beliefs. That is wrong and a violation of their human rights.
This case bears special mention because the government has inserted a clause in Bill C-38 that fraudulently purports to protect the religious freedoms of clergy, but as one Liberal MP said, it is a hoax. The Supreme Court has already pointed out that the clause is outside the powers of the federal government and can have no legal effect. Indeed only the provinces can protect marriage commissioners through legislation, as we have already seen, and as we have already seen, they are doing exactly the opposite. The provinces are currently violating commissioners' rights and are being publicly applauded, I should add, by the government's deputy House leader.
This is a very disturbing trend developing here with respect to the rights of Canadians of faith to speak publicly and act on their beliefs. Canadians of faith are being ordered by the Liberals to leave the public square. Recently the Minister of Foreign Affairs had no trouble telling the church not to comment on this issue, that it had no business addressing affairs of state, but of course this issue directly impacts the church. The Knights of Columbus Hall in B.C. is likely only the first of many such cases pitting the rights of religious institutions against this proposed new sexual licence.
That situation has caused a chilling effect already. I spoke with a church administrator in my riding who stated that the church has been given legal advice to break its ties with a government sponsored program that benefits the community because of the implications of this legislation. They are worried that cooperating with government would make them vulnerable to religious persecution.
It is time that those opposed to faith based views ended their religious discrimination and extended the courtesy of tolerance to the over 90% of Canadians who claim to hold religious convictions and allowed them full access to the public square. That includes the Prime Minister as well. He is violating the religious convictions of many of his own cabinet ministers by forcing them to vote for this bill. If the Prime Minister does not respect the consciences and religious convictions of his own friends and allies, then what hope do ordinary Canadians have of seeing their freedoms protected?
Without religious freedom, there would be no democracy. Religious freedom is ultimately the freedom to express one's most deeply held beliefs with the full protection of the law. From pure religious freedom springs forth all the democratic freedoms, including the freedoms of speech, press, association, assembly and the right to vote.
In summation, I support the traditional definition of marriage as the union of one man and one woman to the exclusion of all others. Bill C-38 is neither constitutionally required nor publically desired. It will negatively impact children, their parents and teachers. It will negatively impact religious institutions and faith leaders. It is bad public policy and it must be defeated.
