Mr. Speaker, I am privileged to have the opportunity to enter into the debate on Bill C-38 on behalf of the constituents of Macleod. In this time of political uncertainty I am proud to be a member of a political party that respects rights and traditions and encourages honest, public policy debates.
Over the past weeks I have listened to the initial debate on Bill C-38 but, most important, I have listened to my constituents in Claresholm, Okotoks, Vulcan, Granum, Nanton, Turner Valley, Fort Macleod, the Crowsnest Pass and other communities throughout the riding. I am impressed by the honesty, candour and passion which Canadians are approaching the debate. Canadians have been thoughtful on this issue and most have come to believe that Bill C-38 is not the right approach to address the issue of marriage.
Opposing Bill C-38 is not about denying rights. It is not about jeopardizing the Charter of Rights and Freedoms as the Prime Minister would like us to believe. It is a complex public policy issue and one that would have an impact on every Canadian.
I, like most of my colleagues on this side of the House, and many on the other side as well, believe in the traditional definition of marriage as the union of one man and one woman to the exclusion of all others.
However, in the course of this debate, those of us who support marriage have been told that to amend the bill to reflect the traditional definition of marriage would be a violation of human rights and an unconstitutional violation of the Canadian Charter of Rights and Freedoms.
I believe that this is an attempt by the Liberals to turn the channel and call those who do not agree with them to be un-Canadian. The Prime Minister does not want to debate the question of traditional marriage versus same sex marriage so he would rather focus on attacking their opponents as opposing human rights and the charter.
The Bill C-38 debate is about rights and recognition and about how to best balance the rights of homosexual couples within our society while at the same time upholding and respecting institutions that have great social importance to Canada, such as the traditional definition of marriage. In short, it is about responding and respecting the competing interests in this debate in a reasonable and compassionate way.
Much of the concern about the legislation comes from the Supreme Court decision released on December 9, 2004. The Supreme Court said that the federal government has the jurisdiction to redefine marriage to include same sex couples. It also said that churches are protected under the Charter of Rights in maintaining the traditional definition of marriage but that legislation would specifically protect religious organizations beyond the constitutional power of the federal government.
What this means is that the federal government determines the definition of marriage but the provinces determine how to marry a couple.
The court did not answer the question of whether the traditional definition of marriage in the common law violates the Charter of Rights. Instead of declaring the traditional definition of marriage unconstitutional, the court has made it clear that it is Parliament that must define the word marriage.
It is Parliament's job to find a consensus that defends rights and, specifically in this debate, offers recognition to homosexual couples and takes into account the views of Canadians.
This is where we are today. We have received direction from the Supreme Court of Canada that if Parliament wants to change the definition of marriage it would be within our purview to do so. We are free to define it as a union between a man and a woman or as between any two persons. Either definition has been deemed constitutional by the Supreme Court.
The rights issues has been settled and the equality provisions continue to be settled. Simply put, the law already sees heterosexual relationships and same sex relationships as equally significant and equally able to access spousal rights and privileges. The Conservative Party supports this view. Same sex marriage, in a nutshell, is a recognition issue.
As stated earlier, the rights component of this debate has largely been resolved and few Canadians are of the mind to reverse those decisions. Their opinion reflects their belief of equality for all Canadians under the law. They merely want the definition of marriage to remain as the union between a man and a woman.
Because of the difficulty of this issue, I am proud to be a member of a party that has allowed a free vote on this issue. It is an issue of accountability to my constituents and it is important that members are granted the ability to vote in as free a manner as possible, without the threat of recrimination by party leaders. Nobody in the Conservative Party finds themselves in an uncomfortable position due to this legislation. Members are accountable, not to their party, but to their own consciences and their constituents. It is the position that I wish all members of this House could share.
Importantly, the majority of people who oppose this legislation favour the insurance and the protection of equal rights for homosexual couples. At some point we have to ask ourselves, why is the government not following the lead of most Canadians and searching for a middle ground that would recognize marriage as the union between a man and a woman while recognizing homosexual unions? The Liberal government, after all, likes to talk about Canada's ability to broker resolutions and likes to talk about Canadians as being the sort of people who search for balance and fairness.
In December the Leader of the Opposition announced three proposals for effectively considering the marriage question. These are as follows: the first proposal would retain the traditional definition of marriage; the second proposal would ensure that same sex couples are afforded equal spousal benefits; and the third proposal would include substantive provisions in the legislation to protect not only religious organizations but also to protect public officials who have objections due to reasons of religion or conscience.
With regard to the first proposal, I am proud to be voting the wishes of my constituents, one of which is to support and maintain the traditional definition of marriage.
My constituents reflect the majority of Canadians who believe we do not need to change the definition of marriage and a balanced approach can assure equal benefits and status to same sex couples in a recognized union.
With regard to the third proposal, by protecting the rights of religious institutions, Parliament could support the rights of churches, mosques, synagogues and temples to recognize, perform and solemnize marriages on their own terms.
Parliament must ensure that churches have the right to privately and publicly preach their beliefs related to marriage.
Parliament must ensure that justices of the peace and civil marriage commissioners are not forced to solemnize marriages against their own consciences.
Parliament must also preserve the charitable and economic benefits that churches enjoy as public institutions and recognize the right of public officials to act in accordance with their own beliefs.
During this debate, the Liberals have attempted to hide their politics by invoking the language of rights and accusing our party of not believing in rights. This could not be further from the truth. The Conservative Party has approached this issue as one where a reasonable compromise can be found. We have spoken honestly with Canadians, and it is my hope that the House follows our lead.
I am proud to work with my constituents on such an important issue. I am proud that I can vote freely on their behalf against Bill C-38.