moved that Bill C-447, an act to protect the institution of marriage, be read the second time and referred to a committee.
Mr. Speaker, whoever thought that a bill would have been necessary in Canada to protect the definition of marriage? I certainly did not. That is what Bill C-447 is for, and I quote from the title page of the bill, “to protect the institution of marriage”.
Marriage is central to society, central to Canada and central to our continuation as a nation. I support the traditional definition of marriage as do my constituents by an enormous percentage.
I will explore this subject in the following way: one, what is the definition of marriage and why it is important; two, who wants to change the definition; three, what is the international experience; and four, Parliament versus judge made law.
One, the current definition of marriage states that marriage is the union of one man and one woman to the exclusion of all others. Why is that important to society? Marriage has been central to civilized society throughout recorded history. Marriage stripped of all its peripheral niceties is about children and giving children the best chance to grow to adulthood in health, safety and happiness. This is the reason for tax breaks by government, special holidays for children and parents, religious recognition of marriage and all the special treatment of marriage worldwide.
Picture the dad with his pretty little daughter sobbing in his arms, hurt in an accidental incident at school, comforted, loved and soothed. That is the reason that marriage is important. There is no institution, no group, no educator and no psychologist that can replace marriage as the foundation for rearing a child.
Two, who wants to change the definition? The idea of redefining marriage is a relatively new phenomenon. Activists have sought this redefinition in incremental steps since my arrival in Parliament 10 years ago. I accept their right to influence public policy by sound intellectual debate. I disapprove of the position that says debate of a contrary position is hateful or homophobic.
Proponents have framed this issue as an issue of human rights, equivalent to the battles for racial equality. Some Canadians accept that argument, but to me it is based on a false premise. This issue is based on behaviour and preference, neither of which is static or unchangeable.
Three, what is the international experience? Only two countries worldwide have redefined marriage to allow same sex marriage, the Netherlands and Belgium. These developments are recent. Interestingly the Dutch supreme court ruled for the traditional definition of marriage. Its legislators, the men and women accountable to the public, changed the law to allow same sex marriage. Just the reverse is happening here in Canada.
Many jurisdictions internationally, particularly in the United States, have brought in legislation to specifically protect the traditional definition of marriage, recognizing its unique character and importance. To be specific, defence of marriage acts are laws to protect the institution of marriage and they are proactive steps in this debate. This shows the broad diversity of action that different countries have taken.
Where then will Canada go? That brings me to the current situation in Canada, which I call judge versus parliamentary law, and label number four.
The legal system in Canada does allow challenges under our charter to even our most basic institutions. As court decisions made the traditional definition of marriage unsure, the Parliament of Canada expressed itself on June 8, 1999 on the definition of marriage with the motion:
That, in the opinion of the House, it is necessary, in light of public debate around recent court decisions, to state that marriage is and should remain the union of one man and one woman to the exclusion of all others and that Parliament will take all necessary steps within the jurisdiction of the Parliament of Canada to preserve this definition of marriage in Canada.
That motion passed 216 to 55.
Even more recent provincial superior court decisions stated that the traditional definition of marriage flew in the face of the charter's equality provisions. This was not a grey area, not an interpretation of a vague parliamentary position or law, but an area upon which Parliament had stated a firm and very fixed position. Six judges could flaunt the stated will of Parliament? I do not think so. Six provincial judges.
The Liberal government did not take all necessary steps to preserve the definition of marriage with a law as we were promised. The Liberal government did not wait to hear from its own committee that studied the issue in hearings across Canada. The Liberal government did not take any of the necessary steps and that, in my view, is not acceptable.
Even on Bill C-447 which we are discussing, by procedural tricks the Liberal dominated committee made this private member's bill non-votable, the first such decision in the history of our new rules on votability of private members' bills. It ensures that the House of Commons, the accountable legislators in Canada, will not have a vote on this fundamental issue. In my view that is some attention to the democratic deficit.
What has the Prime Minister and his cabinet actually decided to do instead? They are bowing down to the Supreme Court of Canada with a reference asking two basic questions. One, is same sex marriage okay with the charter? Two, will religious denominations be allowed not to participate in same sex marriage?
Instead of putting a law in front of Canadians to allow or disallow the exclusivity of traditional marriage, they shirk their duty. The question that should have been put to the Supreme Court of Canada is as follows: Is the traditional definition of marriage constitutional? That is the question Parliament should ask and could ask.
Bill C-447 also looks at the issue of recognizing unions outside traditional marriage, reflecting the fact that the provinces have jurisdiction in this area and in most cases have acted or are acting to provide the appropriate legal recognition of same sex couples and frankly to meet the equality provisions in the charter while leaving marriage alone.
Changing the definition of marriage is to strip marriage of all meaning. It is like changing the definition of grape juice to call it wine. The characteristics of both grape juice and wine will remain the same but the definition will have no meaning.
Marriage is for children, for procreation and protection. It is the fundamental unit of our society.
This issue must be decided by the Canadian public through their elected and accountable representatives. If we cannot function in Parliament to this end, we are withering in a poor shadow of our original purposes and ideals.
Imagine again the little daughter comforted on her daddy's knee, her mother bursting through the emergency room door with baby in arms, and the sobs of joy and relief as the injury is less serious than thought. There is an explanation of what happened and lessons learned. Marriage is for children. Marriage cannot be redefined lightly and judges cannot be the ones to redefine marriage.
If there has ever been an important issue in Canada, this is it. If there has ever been an election issue, this is it. If there has ever been an issue for Parliament to decide, this is it.
I stand for traditional marriage just like my constituents.