Mr. Speaker, it is a pleasure and an honour to stand and debate Bill C-38. It is certainly a debate that has caused a lot of division among Canadians, and it is one where I think many of us are searching to find something within the debate that will actually unite us.
Unfortunately, I think this is an issue that Canadians have decided. They are either on one side of the debate or the other. I really suspect that we will not change a lot of opinions, that we will not turn many heads, and I do agree that it is time to have the debate out on this, to have the vote on it, and to move on as a Parliament.
Certainly the debate on same gender civil marriage--and I do want to emphasize the word “civil”--is an issue on which I have spent a great deal of personal time and research, and it is one where I have struggled to find balance. This is not an easy issue for many, but it is also not an issue on which I intend to abrogate my responsibility as a member of Parliament.
I can say to anyone in South Shore—St. Margaret's, the riding I am fortunate to represent, that I have approached this issue in an honest, straightforward, and methodical manner, and I plan to continue in that manner.
From the beginning of the discussion on same gender civil marriage, I have maintained that all of our religious institutions must be free to decide for themselves whether to sanction same gender marriage. Allow me to be very clear on this point. Paragraph 2(a) of the Charter of Rights and Freedoms gives extremely clear and unambiguous protection for religious freedom. People who say differently are using scare tactics. Our churches, mosques, synagogues, and temples in Canada will decide their own future on religious marriage, as they have up to this point.
I think it is extremely important to mention that we already have same gender religious marriage in Canada, that the United Church of Canada recognizes and some of our Anglican churches in Canada recognize same gender marriage now. They moved on this point before the Parliament of Canada. They did not wait for the Parliament of Canada. That is up to the churches. We could not say yes or no to them because they are independent of the legislative process.
Bill C-38 deals only with civil marriage, but it does go so far as to actually reinforce the protection for religious marriage in the preamble of the bill. Again, I think this is the strength of the bill, whereas nothing in the act affects the guarantee of freedom of conscience and religion, and in particular the freedom of members of religious groups to refuse to perform marriages that are not in accordance with their religious beliefs.
Every day our churches refuse to perform marriages that are not in accordance with their religious beliefs. The Catholic church refuses to marry divorced couples. The Anglican church that I was brought up in refuses to marry divorced couples. Someone might find a priest who is friendly and may marry them, but that is their doctrine.
The church has always been clearly separate from the legislative process. They have always set their own rules. They have always had the ability to change the rules should the church itself decide to change them. I am very afraid that we could set a precedent in Parliament that turns that around, that we do start to tell the churches who they can and cannot marry. If we do not pass same gender civil marriage, are we de facto then saying to the United Church of Canada and the Anglican church that they cannot recognize same gender marriages, that they should not marry same gender couples, that they are not an independent religious institution? That is a question we should all be asking ourselves.
Parliament, on the other hand, has a responsibility to legislate same gender civil marriage. The only way Parliament cannot allow same gender civil marriage is to use the notwithstanding clause. I adamantly believe that this would be an abuse of civil rights which could lead to the erosion of other civil rights that Canadians have long carried. If we use the notwithstanding clause on this issue, what would prevent us from using it on other issues? I am not willing to agree to that in any way, shape or form.
I believe that my job as a member of Parliament is to be informed of all the ramifications surrounding an issue and vote on that issue to reflect the will of my constituents. I am well aware that every time I vote a group of people in Canada and a group of my own constituents will disagree with my position. Therefore, I try to the best of my ability to base my decisions on fact, not on fear, and on reason, not on instinct.
I am well aware of the sensitivity of this issue and the almost visceral response that some people have to it. I have saved all the e-mails that have threatened my life, my kids and my family because that is a stance that is unacceptable. It does not matter which side of the debate one is on, that is unacceptable.
None of that, however, changes the fact that Parliament has to deal with same gender civil marriage. I have not made a rash or uninformed decision and I fully understand, I believe, that people are split roughly fifty-fifty on this issue. I have certainly considered the fact that the overwhelming majority of the public is willing to recognize same gender civil marriage but wants religious marriage to remain under the jurisdiction of our religious institutions.
I explained earlier that section 2(a) of the charter protects religious freedom. Parliament's responsibility is to study and make informed decisions about same gender civil marriage based on Parliament's role to legislate, guided, I would add, by the parameters of our Constitution and the Charter of Rights and Freedoms. It would be intellectually dishonest of me to say that Parliament does not have to legislate this.
Today Canada has varying forms of same gender marriage in eight provinces and one territory. This includes a decision by the Supreme Court of Nova Scotia that has led the way to same sex civil marriage in my own province. A recent decision has led the way to same sex civil marriage in the province of New Brunswick.
I am absolutely satisfied that churches are protected and are masters of their own destiny. I have explained in a couple of instances already where that has proven to be true throughout the ages. Therefore, they can refuse to marry same gender couples or, like some of our churches today, they can choose to marry same gender couples. It is clearly their decision for religious marriage, not Parliament's.
For civil marriage, however, government has only two options. The government can challenge the provincial supreme court decisions, which the provinces have already chosen not to do, or it can legislate civil marriage. I have carefully reviewed both options and agree with the government's decision to proceed with legislation on same gender civil marriage, as eight provinces and one territory have already done.
I am frankly astounded by the reaction of some parliamentarians, who in the past have criticized the Supreme Court of Canada for making decisions they thought should best be left to parliamentarians. Now, some of those same parliamentarians are saying the government should litigate and not legislate.
Frankly, I am also surprised at the clarity of the language in Bill C-38, at the lack of ambiguity and the clear protection for religious marriage because of the protection of the charter. I am not used to this type of clarity from the Liberals and generally expect to find legislation riddled with mistakes. Bill C-38 is one of the few pieces of their legislation I have analyzed that is not.
In summary, I note that Bill C-38 has done what I believe it has needed to do in order for me to support it. It has clearly protected religious marriage while allowing for the civil marriage of same gender couples.
I realize that not everyone will agree with same gender civil marriage. Some will continue to say that a civil union is good enough, but I respectfully disagree. This was the same argument that was used to justify segregated schools in the United States and was struck down in the now landmark Brown v. Board of Education case, which ruled that separate is not equal. I feel certain that the same result would befall any similar legislation here.
I also know at first hand the entrenched views of many people who would deny the right of civil marriage to same gender couples, yet I know that there is a lot of tolerance in this country. Often I hear that there is less tolerance in rural Canada, but I believe there is as much tolerance in rural Canada as there is in urban Canada, whether the issue is same gender civil marriage or any other issue that is put before people. I represent a rural riding in a very conservative part of the country that is as religious as any other part of this country. I can say for a fact that there is room in most of this country to accept divergent views and to accept the right of couples who are in a committed relationship to further commit to that relationship through civil marriage.