Friday, December 08, 2006

gay, constitutionally so

Thankfully the Conservative motion to reopen the same-sex marriage debate was rejected by Parliament this week. Frankly, there is little that the government can do to restrict people from marrying each other, regardless of sexual orientation. Judges throughout the country have upheld the notion that the right to marry a loved one is constitutionally-bound. Under Canadian law, the only way to circumvent the Charter of Rights is to use the Notwithstanding clause.

There is an important legal distinction here, however. Even if the government were to invoke the clause and remove from homosexuals the right to marry, that revocation would still be an acknowledgement that homosexuals possess the legal right to marry. The government would then have to justify the reason for removing a fundamental human right from a particular group of its citizenry. Naturally, that justification falls apart when all you have are religious doctrine and talk along the lines of, "well, that's just the way it should be".

It's time to put this issue behind us. Hopefully this latest rejection of a motion supporting intolerant, old-world attitudes of man-woman perfect family bliss means that we can ask our government to take a harder look at issues which are more important for the country.



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