Mr. Speaker, I rise today to speak to an issue which is contentious and divisive on both sides of the House, and within each party, and within Canadian society, and even within families. The issue is Bill C-38, a bill that seeks to redefine the traditional definition of marriage.
There is no doubt that there are sincere and deeply held feelings on both sides of this issue. In my own riding the overwhelming response has been in favour of the position taken by the Conservative Party of Canada. This is because my constituents, like the vast majority of Canadians, are somewhere in the middle on this issue. They believe that marriage is a basic heterosexual institution but that same sex couples also have rights to equality within society and that this equality should be recognized and protected.
We believe that the Conservative Party amendments speak to the majority of Canadians who are in the middle on this issue. Our proposal is that the law should continue to recognize the traditional definition of marriage as the union of one man and one woman to the exclusion of all others. At the same time we would propose that other forms of union, whether they be heterosexual or homosexual, civil unions or registered domestic partnerships, should be entitled to the same legal rights, privileges and benefits as marriage.
The middle ground compromise we offer recognizes the valid concerns of those on both sides of the issue. Democracy requires compromise. Where there are differences of opinion and belief, people must come together to resolve the issues that divide them. Bill C-38 offers us an opportunity to meet the democratic requirement, to find a compromise solution through debate and discussion that best satisfies all those who are involved.
I believe that the proposed amendments suggested by the Leader of the Opposition provide the best ground to find a constructive compromise that the vast majority of Canadians will feel comfortable with.
There are clearly three bodies of opinion on this issue within the Canadian public. At one end of the spectrum there is a group which believes that the equality rights of gays and lesbians trump all other considerations and that any restriction on the right to same sex marriage is an unjustifiable discrimination and a denial of human rights. At the other end there is another group which thinks that marriage is such a fundamental social institution not only recognized by law but sanctified by religious faith and that any compromise in terms of allowing same sex couples equal rights and benefits is unacceptable.
Many of these types of unions are subject to provincial jurisdiction under their responsibility for civil law, but there are also federal issues related to rights and benefits. Our party will move amendments to ensure that all couples in provincially recognized unions are recognized and have rights and benefits equal to those of married couples under federal law.
We would ensure that same sex couples have the same rights and benefits as married couples when it comes to matters such as pensions, tax obligations or immigration matters. We would ensure that no federal law would treat same sex couples any differently from married couples.
We believe this approach will meet the needs of those Canadians who believe that marriage is and should remain an institution which, as Justice La Forest said in the Egan decision, is by nature heterosexual, and also those who are concerned to recognize the equal status of gays and lesbians under the law.
The approach is not only consistent with the beliefs of the vast majority of Canadians, it is also consistent with the emerging practice in many parts of the industrialized world. Around the world there are only two countries which have legislated same sex marriage at the national level, Belgium and the Netherlands. In both countries there are some areas related to adoption or marriage of non-nationals of those countries which still make them slightly different from opposite sex marriage.
Aside from that, same sex marriage has only been allowed through provincial or state level court decisions in several Canadian provinces and the state of Massachusetts. By far, the vast majority of jurisdictions have gone the route of recognizing civil unions, domestic partnerships or reciprocal beneficiaries.
Among the countries which have brought in these laws are France, Denmark, Norway, Sweden, Iceland, Finland, Germany, Portugal and New Zealand. I do not think any of these countries, considered among the most progressive in the world, could be considered violators of human rights.
Similarly, in the United States only one state, Massachusetts, has recognized same sex marriage through a state court decision, even though the governor and a majority in the legislature opposed it. Yet in many states, among them Vermont, California, Maine, Hawaii, New Jersey and the District of Columbia, every one of these progressive so-called blue states have brought in civil unions or similar legislative recognitions. It strikes me as a perfectly reasonable compromise for Canadian society to accept exactly the same position as these countries and states.
This Conservative compromise option may not satisfy those who believe that equality rights for same sex couples are an absolute, which cannot be compromised by accepting anything less than full marriage, or that the heterosexual status of marriage is an absolute, which cannot be compromised by recognizing equal rights for other kinds of unions. However, it will satisfy the vast majority of Canadians who are seeking common ground on this issue, who are looking for a reasonable, moderate compromise that respects the rights of same sex couples while preserving the time-honoured institution of marriage.
This compromise is the Canadian way and it is the option that only the Conservative Party is prepared to offer. We believe that if the government squarely and honestly put this option, preserving marriage while recognizing equal rights of same sex couples through civil unions or other means, it would be the option that most Canadians would choose.
The Conservative Party is not proposing a reactionary solution that would violate human rights, as the government alleges. We are proposing a moderate compromise position that would put Canada in the company of some of the most liberal and progressive countries in the western world. In fact, one could justly say that the position of the Liberal government insisting upon an absolutist approach on this issue is on the extreme, is not a reasonable approach and that the approach by most of us on this side of the House is more reflective of Canadian values.
There is no need to go to extremes in this debate. To accept a compromise that respects the will of the majority, upholds rights and preserves our deepest positions, we must accept the amendments that the Conservative Party has moved to this bill.
I have talked at great lengths with my constituents. I have surveyed and polled my constituents. The vast majority support the traditional definition of marriage. I have friends and even family members who are homosexual and even in that community they are divided on this issue.
I believe the Conservative Party is correct to offer a compromise that will satisfy the vast majority of Canadians while respecting the equality of all Canadians. I hope the Liberals and other parties will accept the Conservative Party's position so we can focus on more important issues, such as health care, education, taxation and government corruption.