Madam Speaker, I am pleased to add my thoughts to this important debate. At the outset I would like to thank all the sources I may quote in these remarks, since time will not permit full attribution.
Marriage is the most fundamental social institution, which is why the outcome of this debate will have a profound impact on Canadians and on our country. Those who say that what the Liberal government is proposing will have no significant consequences are very much mistaken.
Until recently, most Canadians considered it unthinkable that any government would seriously propose that marriage would mean anything other than the union of one man and one women, yet the unthinkable is now happening, overriding the wishes of a majority of Canadians. That is why an amendment was moved by the hon. member for Calgary Southwest, the leader of the official opposition, and we are debating that amendment today.
I will be voting in support of this amendment for five reasons.
First, marriage by definition has always been between one man and one women. The fundamental meaning of the term marriage has always been understood to embody the concept of an opposite sex couple. The institution is universal across time, culture and religion. It is not merely the passing whim of a majority, but derives its legitimacy from biological reality, the way nature works.
This being so, same sex couples cannot be given the right to marriage without redefining the term. Changing its definition would inevitably change the effectiveness of marriage as the fundamental foundational underpinning of society that it has been over the ages. Redefining marriage would hollow out its meaning and cultural significance.
It is an historical fact that all civilizations throughout history have given marriage a special status because of its inherent relationship to procreation. Since same sex couples cannot procreate without going outside the relationship, calling same sex unions marriages implies that procreation is no longer regarded as an intrinsic aspect of marriage. There then is no longer a legitimate reason to limit the relationship to two unrelated persons as is currently the case.
Margaret Somerville, an ethicist in the faculties of law and medicine at McGill, writes:
Marriage, as it stands, is a societal institution that represents, symbolizes, and protects the inherently reproductive human relationship for the sake of children born of such relationships. Society needs such an institution and marriage is unique in this regard; there is no other alternative.
Second, the preservation of marriage is in the best interest of children. It is of paramount interest to the state whether children are born and grow up within or without the marital bounds because children that live in alternative family structures may incur multifarious disadvantages economically, socially, emotionally and physically. Even though many children raised in such alternative families do well, psychological and sociological studies indicate that children generally do best when raised by their biological parents in a stable marriage.
Children require more than love from their parents. Every child raised in a same sex home is raised in a home without either a father or a mother and therefore misses out on experiencing the inherent differences, unique sexual relationship and bonding of men and women that are at the heart of the institution of marriage as a cornerstone of a stable society. It is unacceptable that Bill C-38 intentionally causes this situation.
The evidence that children do best when raised by both their married biological parents provides a compelling interest for the state to continue recognizing marriage as the union of a man and a women. Marriage for life is still the family model that 88% of Canadian youths aspire to for their futures.
Third, this amendment is the only way to ensure protection of the charter right to freedom of religion, thought and belief. The Liberal government protests that no religious institution will be forced to perform same sex marriages but changing the definition of marriage would inevitably create a regime that will trump any protection of religious freedom.
This is because the meaning of marriage is not dependent upon what any religion says it is, but has been established for thousands of years in a universal cultural context much broader than that of any religious faith. In fact, a relationship is not a legal marriage unless it complies with civil law and, once it does, it cannot be invalidated for religious reasons.
In addition, religious belief is not recognized as a valid reason for disrespecting the law of the land. This being so, Bill C-38 would, unquestionably, have significant impact on those who refuse to recognize same sex partnerships as marriages for religious reasons.
In order to get around the valid concerns, some suggest there can be a difference between civil and religious marriages, but that is demonstrably false. In the long term, no religious community would be able to withstand the charge of violating human rights by refusing to solemnize same sex marriages.
Human rights tribunals and the courts will inevitably be filled with related grievances resulting in claims for damages and injunctions against discrimination. In fact, even though Bill C-38 has yet to be passed, cases are already multiplying against those who demonstrate disapproval of same sex marriages. Attempts to muzzle a respected religious leader like Bishop Henry are a case in point.
Should we believe government promises that its bill fully protects charter rights respecting freedom of religion? Not for a moment. The same government pledged only a short time ago that it had no intention of changing the definition of marriage. The record shows that the government's word cannot be trusted.
Fourth, the argument that marriage is a fundamental right is not valid. A fundamental characteristic of a human right is that it is something of which no one may be deprived without a grave affront to justice. Same sex marriage has not been recognized as a fundamental human right anywhere in the world, even though two countries have legislated it as a political decision.
With respect to equality before the law, marriage as it stands is not based on discrimination against homosexuals, but instead recognizes the inherent and natural differences between men and women, and confers on both the same benefits and restrictions in the context of marriage. Likewise, all Canadians are treated the same when it comes to marriage laws.
The question of whether same sex partnerships ought to be called marriage is clearly not one of human rights at all. No one ought to be fooled into thinking that it is. It is simply a public policy choice of the Liberal government to change and age old and proven societal institution. It is a policy choice imposed on a majority of Canadians who would prefer to retain the status of marriage as it has been throughout history.
While most Canadians support equality of economic rights for same sex partners, they would prefer that it be achieved through another form of union, not marriage.
The Prime Minister's claim that equality rights in the charter must be protected without exception is nonsensical. All government policies are forms of redistributive justice through which, for the common good, the state discriminates in favour of some people and some relationships and not others.
Same sex partnerships will always be different from heterosexual marriages because they do not contain the inherent connection to procreation. Calling them marriage does not give them equal significance but instead diminishes the importance of marriage as more than simply a love commitment between two people.
Fifth, one can hold a genuine respect for and acceptance of homosexual friends and family members while also supporting and preserving marriage in our society.
As others have emphasized, opposition to the bill is not because of any desire to prevent gay people from loving each other and living together in a committed relationship recognized by the state. The only question is whether this should be done by making marriage into something radically different.
Affirming various loving relationships is far different from deciding to refer to all of them as marriages. Fundamental characteristics necessarily define, differentiate and order our world, especially the institutions of our society. Those who support loving, committed relationships between homosexual couples can, at the same time, affirm that the institution of marriage does not exist just to promote individual interest.