Mr. Speaker, I am pleased to have this opportunity to address the House on a very difficult moral issue. Everyone, including those who are married, those who have chosen not to marry and those who have not taken the opportunity to choose, has an opinion on this issue. Those opinions are based on people's own experiences as well as their values and beliefs. This is a complex public issue that will impact Canadians long into the future.
Let me begin by saying that preserving the traditional definition of marriage does not imply the denial of same sex rights. All the benefits and obligations granted to married couples under provincial and territorial laws and programs are granted equally to common law couples of the same sex and of the opposite sex in the majority of provinces.
We want to affirm equality rights while also upholding marriage as a heterosexual institution. Neither is this debate about jeopardizing the Charter of Rights and Freedoms. With the Public Sector Pension Investment Board Act of 1999 and the Modernization of Benefits and Obligations Act of 2000, Parliament has already extended to same sex couples the constitutional guarantees of equality and dignity. The current Deputy Prime Minister confirmed this when she said:
The definition of marriage in law in Canada is already the union of one man and one woman to the exclusion of all others. It is not necessary to pass such legislation as in legal terms it would not add to or clarify the present state of the law in Canada.
The protection of human dignity has been the courts' basic function since the adoption of the charter in 1982. Once the requirements of dignity and equality are satisfied, the courts should not arbitrate between the possible acceptable solutions but leave it to Parliament. The decision of whether or not to use the word “marriage” depends on factors other than the charter.
A brief history shows that the Liberals are really breaking their promises to Canadian people on the issue of maintaining traditional marriage. Let us consider the following examples. In 1999, by a vote of 216 to 55, the House of Commons adopted an opposition motion which stated:
--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 to preserve this definition of marriage in Canada.
The motion was supported by the Prime Minister, then finance minister, and by the Deputy Prime Minister, then justice minister.
In 2000 an interpretive clause was added to the Modernization of Benefits and Obligations Act stating that nothing in the act altered the existing meaning of marriage as “the lawful union of one man and one woman to the exclusion of all others”.
Speaking on this act, the Deputy Prime Minister said:
This definition of marriage, which has been consistently applied in Canada and which was reaffirmed last year through a resolution of the House, dates back to 1866. It has served us well and will not change. We recognize that marriage is a fundamental value and important to Canadians.
On September 16, 2003, an opposition motion identical to that of June 1999, expressing Parliament's support for the opposite sex definition of marriage, was defeated in the House of Commons by a narrow vote of 137 to 132, yet key Liberals voted in favour of that motion. Does this mean that these members do not believe in the same human rights that the Prime Minister claims this debate is all about?
These examples show that Liberals constantly change their positions on social issues. It also underscores the fact that this debate is not only about equality.
Of course, the Supreme Court came down with its ruling on November 9. When it issued its ruling, its findings were that the provision in the draft bill authorizing same sex marriage is within Parliament's exclusive legislative authority over legal capacity for civil marriage under subsection 91(26) of the Constitution Act, 1867. The provision is consistent with the Canadian Charter of Rights and Freedoms and, in the circumstances giving rise to the draft bill, flows from it. So we go on with that court decision, which basically puts it back into our purview to make that decision.
I believe, after talking to Canadians across the country, that they would much rather us deal with the issues of the country, and I could list all of those as opposed to this subject. Yet the Liberal government brings forward this legislation and pushes it on the country.
There are legal issues around same sex marriage legislation. The bill extends equal access to civil marriage to same sex couples while respecting religious freedom. That is if we trust the government to do what it says. I have given a number of examples of where it said one thing and then did another. We are very used to that having been in the House this long. I really question whether the government really means it.
The government claims that it is equally committed to upholding religious freedom and that nothing in the bill will affect the existing charter guarantee. The problem is that the Liberals cannot credibly guarantee that Bill C-38 will protect religious freedoms because the right to marry falls under provincial jurisdiction.
Bill C-38 offers no protection for provincial marriage commissioners who refuse to conduct same sex civil ceremonies for personal religious reasons. In fact, marriage commissioners in B.C., Manitoba, Saskatchewan and Newfoundland have already lost their jobs. There is also some concern that organizations may lose charitable status if they do not permit same sex marriage celebrations on their property. This would put those churches that refuse to perform these marriages out of business.
The government is curtailing public debate by not considering the civil union option even though the court has not rule on the specific definition of marriage.
We get into the moral and religious issues that the debate about same sex marriage is not only about rights. Marriage is also a core social institution that predates all modern constitutions.
Many Canadians believe that marriage is fundamental to our society and that its primary function is to create a stable and supportive foundation for procreation. Many studies show that traditional marriage is best for children and recent statistics also show that traditional families are declining.
Many religions have their own requirements for marriage and may impose additional requirements on the perspective marriage partners. For example, Judaism will not marry a previously married woman unless she has received a get. Governments have no rights to force a mosque, temple or church to marry a couple who do not conform to their religious beliefs. The current draft legislation does not protect against such action in the future.
Comments made by the foreign affairs minister that “churches and religious organizations have no place in the public debate on same sex marriage” betrays the commitment of the Liberals on defending religious freedom. Because it cannot guarantee religious freedom, Bill C-38 may have the long term effect of stigmatizing faith in public forums and may reduce the diversity of religious beliefs.
As far as the political issue is concerned, we feel the majority of Canadians are opposed to the bill. In the area that I come from, there is an overwhelming opposition to it.
We have offered a reasonable compromise. We want to ensure that gay couples will have all the dignity and equality that the charter guarantees while also preserving religious freedom and defending the sanctity of marriage. Civil unions fulfill those requirements.
The Liberal caucus is divided on the issue of same sex marriage. This suggests that same sex is not only about equality rights and the charter, as the Prime Minister has framed it. The record of the Liberals on same sex is discomforting. They have been inconsistent.
In 1999 they were for the traditional definition of marriage. Now most are against it. How can we explain this sudden change of heart? Did the debate all of a sudden become an equal rights issue, political pressure, insecure nomination or blackmail by the Prime Minister?
Much more could be said. What we need to do now is simply encourage Canadians to contact the offices of the Prime Minister's office and Minister of Justice to let them know exactly what they feel. Most people would rather be talking about health care, the environment and the critical issues in the country. Look how many days are occupied with this debate.