Same-Sex Marriage: still an inconvenient truth (for some)
Some crusades just won't end.The Evangelical Fellowship of Canada (EFC) will appear before the Saskatchewan Court of Appeal Thursday, May 13 and Friday, May 14 in a case involving proposed legislation that would allow the province's marriage commissioners to refuse to perform same-sex "marriages" because of sincerely held religious beliefs.In July, 2009, Justice Minister of Saskatchewan, Don Morgan, asked the Court of Appeal for an opinion on the constitutionality of the potential legislation. Morgan told the media that his government intends to fulfill its promise to provide a religious exemption to marriage commissioners, and to settle the issue with legislation. This is intended to resolve the situation that has seen marriage commissioners sue the provincial government over its insistence that they perform homosexual "marriages."
It is not so much enraging as it is sad. How is it that some marriage commissioners are actively seeking to simply ignore a part of the law because they don't agree with it? It's an outrageous proposal, no matter how "fundamental" that disagreement is to their core beliefs.
Would it be okay for a marriage commissioner to refuse to marry an interracial couple (above) if they really, REALLY didn't think it was an appropriate lifestyle choice? Or a couple that has a child out of wedlock? Or an older man/woman to a younger partner?
Of course, the Evangelical Council does not present the issue to be this black and white. It is far more complex - think about all the other government employees whose freedom of religion and conscience is being oppressed by the state!
“If neither of the proposed options is found to be constitutional, the limitations on religious freedom will not only affect marriage commissioners but could well impact any Canadians working in the public service,” explained EFC Vice-President and General Legal Counsel Don Hutchinson. “It would mean that government employees would be expected to check their beliefs, religious or otherwise, at the door, if inconsistent with their government employer.”
“Somehow, they perceive the right to freedom of conscience and religion doesn’t apply to an employee in a public role. That position is inconsistent with the Charter and Canadian jurisprudence. Human rights and employment law jurisprudence has well established that a Canadian, whether working in the private or public sector, may object to performing a task if it is contrary to their conscience or religious beliefs. To strip all Canadians who choose to serve the public in a government accredited role of their Charter rights is ludicrous.”
Now this is really pushing the boundaries of acceptable interpretations of the law. Of course public servants are allowed to exercise their freedom of conscience and religion in the workplace - no one is asking a person to check their worldview at the door when they come to work at 9am. However, everyone is bound by the laws which govern this country.
Listen, I don't think that may taxes should go towards the military and other implicit and explicit violent uses - but that doesn't mean I have legal grounds to NOT pay my taxes all together. That would be tax evasion, even though I am in my rights to exercise my right to conscience and religion in everyday life.
Moreover, when domestic rape was included within the scope of sexual crimes it might have rubbed a few cops the wrong way. Even a couple of judges who think what goes on in the bedroom between a husband and wife is their business. But the definition of rape is what it is and there is a legal obligation to uphold the law. If marriage counselors in Saskatchewan do not want to perform gay marriages then they should quit their jobs. They can take it up with the government, but the fact of the matter is that it isn't personal. They're not priests or pastors and marriage is a religious institution. Their job is to provide legal proof of a union between two people. Not to bless them, nor wish them well, nor stand before them in the eyes of God and all in attendance. In fact, to get "married" in Saskatchewan here's the process:
- Both parties must appear in person (or one party needs to complete the “Non-Attendance Before Issuer Of Marriage Licenses” form) before the local issuer of marriage licenses and provide the following:
- birth certificate and government issued photo identification;
- written parental consent if under 18;
- proof of divorce or annulment (original or certified copy);
- proof of death of previous spouse is not required, but you need to know the exact date and place of death.
- Bringing the prospective spouses to complete and sign the statutory declaration in the presence of the marriage license issuer.
- Reading the declaration to the parties to prove that they fully understand the content.
- And finally, reading the "Degrees of Consanguinity" which may bar the solemnization of the marriage. (This includes prospective spouses who are related to each other in the following ways through whole blood, half blood or adoption; grandmother, grandfather, father, mother, son, daughter, granddaughter, grandson, brother, sister.)
I sincerely hope the Saskatchewan Court of Appeal rules against the EFC and their ridiculous crusade to marginalize the realization of the human rights of same-sex couples.
Labels: Evangelicals, Human Rights, Law and Order, LGBTQ Rights, Same-Sex Marriage, Saskatchewan




















