Mr. Speaker, it is a pleasure for me to stand on behalf of the people of Yellowhead and contribute to this amendment debate on a very important issue.
This is a crucial issue for millions of Canadians, including many of my constituents who treasure the institution of marriage. It is a significant issue, not only for those who are seized by it but also for all Canadians. Marriage is a foundation of our society. A redefinition of marriage will have important long term consequences for the institution of marriage, for children, for religious freedoms and for society.
It is appropriate that this issue be debated in this House; however, it is unfortunate that the government has allowed for the courts to drive the agenda on this matter. It is troubling for Liberal cabinet ministers who have gone back on their solemn words and their votes to affirm the traditional definition of marriage. It is also worrisome for a democracy where a Prime Minister is forcing his cabinet to ignore their consciences and constituents by forcing through this piece of legislation.
I have listened closely to the views of my constituents on this issue, and with me, a great majority of them affirm the traditionally received definition of marriage as a lifelong union between a man and a woman to the exclusion of all others. In my remarks today, I want to speak in defence of marriage and I will raise a number of concerns about the Prime Minister's plan to redefine marriage.
What is marriage? Marriage is an exclusive union between a man and a woman, and it has been recognized for thousands of years. It is an institution that pre-dates modern states and it was recognized by most of the world's cultures and religions. The received definition of marriage serves as a bond between a man and a woman and between generations. It unites men and women and provides an environment for children to grow and flourish.
Marriage between a man and a woman is a vital, integrated force in our society. It is the basis of family, long recognized as a fundamental social unit in our society. We do grave disservice to marriage when we reduce it to a matter of contract and rights. To reduce marriage to a contract between two adults is to neuter the definition of its real meaning. Intrinsic to marriage is the unity of male and female. If male and female no longer matter, then why should other aspects of marriage really matter, such as an exclusive, lifelong commitment? Why does the government consider some aspects of marriage intrinsic but others not? It is on very weak ground.
Marriage is about more than just numbers of partners involved. Marriage is about more than a modern notion of romantic love. It is about more than equality. Marriage is not an issue of fundamental human rights, but basic human rights include freedom of religion, freedom of speech, freedom of conscience, freedom of association and equality under the law.
Same sex marriage is not a human right. No country in this world recognizes same sex marriage as a human right, not even Belgium or the Netherlands, the only two other countries that have same sex legislation on marriage. Marriage is a gift. It is a treasure. It is not a prize to be won through court rulings or a change in the law.
Marriage is a union between a man and a woman, and it has stood the test of time and place. Many Canadians are willing to extend benefits to other kinds of domestic partnerships, but they recognize that marriage is something distinct, a unique bond or a covenant between a man and a women.
With the majority of my constituents, I too affirm the traditional definition of marriage, and I will oppose this bill with everything I have. I also oppose this bill because the redefinition of marriage threatens freedom of religion, itself a fundamental right recognized in the charter. I am especially concerned about the implications of this bill for religious officials and religious institutions. Religious freedoms are already under attack in this country. A series of court decisions and rulings by human rights tribunals have determined that religious freedoms of a number of individuals and institutions have been challenged. I would like to give a couple of examples.
Toronto printer Scott Brockie was fined $5,000 by the Ontario Human Rights Commission for refusing, on religious grounds, to print material for a Toronto lesbian and gay archives.
There is another case. A Catholic high school in Ontario was forced to allow a gay couple to attend a high school prom, a clear violation of the Catholic teaching. All too often, when so-called equal rights push up against religious freedom, it is the latter that is cast aside.
The bill before us carries us further down the road of marginalizing religious freedom and expression in this country. The government says that religious officials will not be compelled to perform same sex marriage ceremonies. That is very generous of them, is it not? This is only one of the many possible impacts oN religious freedom flowing from the redefinition of marriage. It is the law of unintentional consequences.
We are already seeing marriage commissioners in a number of our provinces, including Newfoundland, Saskatchewan and British Columbia, being compelled to affirm same sex marriages or lose their licence. The bill does not protect these officials. It does not protect them because it cannot. The solemnization of marriage falls under provincial jurisdiction.
The government's deputy House leader thinks that is just fine, that it is not a problem with them losing their jobs. We do not. What else can we expect from this legislation? Churches or temples may be forced to rent out their halls for same sex marriage receptions. In fact, there is already a pending case in British Columbia where a branch of the Knights of Columbus are under fire for legitimately refusing to have its hall used for a same sex wedding reception. It will be interesting to see how that ruling comes out.
The charitable status of religious institutions which oppose same sex marriage may be revoked. Religious schools and charities may be forced to hire or retain employees who are in same sex marriages. Last, but not least, is the concern of religious officials that they may one day be ordered by the courts to sanction same sex marriages or allow them to be performed in their churches, mosques or temples.
The bill includes a declaration claiming that officials of religious groups are free to refuse to perform marriages that are not in accordance with their religious beliefs. However, the declaration carries no legal weight because the solemnization of marriage is a provincial jurisdiction.
The Supreme Court says that the guarantee of religious freedoms under subsection 2(a) of the charter is broad enough to protect religious officials from being compelled by the state to perform civil unions and religious same sex marriages that are contrary to their religious beliefs. However, the court does not exclude the possibility of the unique circumstances which would override this guarantee.
Given the tendency of the judges to view the charter as a flexible document in which the rights can be read in, and given the pattern of so-called equality rights trumping religious rights, there is a legitimate cause for concern.
It is the freedom of religion in conscience that most other rights depend on. The redefinition of marriage bill is yet another threat to religious freedom in Canada. Marriage commissioners are already being fired in some jurisdictions. The charitable status of religious institutions could be taken away, and the outlook for religious officials and institutions to maintain their teaching and practices on marriage remains uncertain. For these reasons too I oppose the redefinition of marriage and this bill.
The Supreme Court has not ruled on the traditional definition of marriage. The court handed it back to this Parliament. The Prime Minister and the justice minister have turned their backs on marriage. We will not.
Our amendment to the main motion seeks to preserve the traditional definition of marriage and to extend to civil unions, especially under law of the provinces, the same rights, benefits and obligations as married couples have. We are also seeking substantive protection for religious officials and institutions in the context of federal law. Our position seeks a reasonable compromise, one that would be accepted by most Canadians in this country.
Marriage, as the union of a man and a woman, is a cherished institution in Canada and around the world. Not all marriages are perfect of course, but on balance marriage is an institution that richly benefits men, women, children and society. We tamper with marriage at our peril.
Redefining marriage will have numerous consequences. Some of those are already with us. Others, to be sure, will emerge in the passage of time. Among those is likely to be the ongoing erosion of religious freedom in Canada.
Australia went through the same situation a year ago. There was a groundswell of support against changing the law. Defence for the traditional definition of marriage swelled up in that society and so it backed off. This is what I would advise the government to do in this case as well.
I urge all members of Parliament to carefully consider what is at stake. I urge my colleagues not to rush ahead. I urge the Prime Minister to show true respect and allow his cabinet ministers to vote their consciences and for their constituents. I urge Parliament to affirm marriage and protect the freedom of religion in Canada.