Mr. Speaker, I rise today to speak against Bill C-450. The NDP supports the decision of the federal government to recognize the equal rights of same sex couples to marry in civil ceremonies. The NDP does not believe that the notwithstanding clause of the charter should be used to prevent the recognition of this happening.
I would like to go over some of the recent history of the greater debate around this issue. On June 17, 2003 the Prime Minister and the federal cabinet affirmed their commitment to recognize the equal rights of same sex couples to marry. This announcement came in response to both the judiciary and elected representatives urging the government to respect the charter of rights and ensure equality for gay and lesbian couples.
In a recent unanimous decision of the Ontario Court of Appeal, the current definition of marriage as the union of one man to one woman was deemed to be a breach of the charter as it is discriminatory against gay and lesbian couples. This decision followed the decisions of both the B.C. Court of Appeal and the Quebec Superior Court which also ruled that the current definition of marriage is discriminatory.
The federal government's move to allow same sex marriage also comes in response to a motion passed by the Standing Committee on Justice and Human Rights which called upon the government to support the ruling of the Ontario Court of Appeal.
It is important to note that the changes that will be made to the definition of marriage in the federal legislation will not affect religious traditions or the ability of faith organizations to sanctify marriage as they define it. The justices, writing in the unanimous Ontario Court of Appeal decision, stated, “We do not view this case as, in any way, dealing or interfering with the religious institution of marriage”.
I would like to add that I fully support the right of churches, such as the Catholic church, to oppose an inclusive definition of marriage, just as it has the right to refuse to marry a divorced person. That is also respected. While there are a number of religious faiths that accept same sex marriage, others do not and their beliefs must be respected. A change in the law would only apply to civil ceremonies. I support the government's reference to the Supreme Court which would ensure that it is made very clear in the law that no religious institution should be forced to marry same sex couples.
I will close my comments by quoting Saskatchewan Premier Lorne Calvert, who said, “I neither believe that the civil law should dictate one's faith position, nor should a single faith position dictate the civil law” of this country.