Home -> Law Blog Directory -> Religion & Law Blogs -> Religion Clause

Religion & Law

: Religion Clause

Canadian Court Rejects Exemption for Marriage Commissioners from Performing Same-Sex Unions

By Howard M. Friedman

The Court of Appeal for Saskatchewan has held that it would be unconstitutional under Canada's Charter of Rights and Freedoms for the provincial legislature to accommodate the religious beliefs of government marriage commissioners by exempting those who object from solemnizing same-sex marriages.  The decision came in Marriage Commissioner's Reference, (Ct. App. SK, Jan. 10, 2011), a request of the Saskatchewan government to pass on the validity of two possible amendments to the Marriage Act. Here is a summary of the court's holding as set out in the court's case summary:

The reasoning of the Court is grounded in section 15(1) of the Charter.. prohibit[ing] discrimination based on various characteristics including sexual orientation.... [A] law empowering marriage commissioners to deny their services to gay and lesbian individuals would clearly violate section 15(1) as it would treat them differently than other people and would do so in a discriminatory fashion based on their sexual orientation.

... [T]he Court held that accommodating the religious beliefs of marriage commissioners could not justify discrimination against gay and lesbian couples.... [M]arriage commissioners act as government officials, not private individuals, when they perform marriage ceremonies.... [T]he obligation to solemnize same-sex marriages does not affect or interfere with the core elements of a commissioner?s religious freedom: the freedom to hold beliefs and the freedom to worship.... [A]llowing marriage commissioners to withhold their services because of personal religious convictions would undercut the fundamental principle that government services must be provided to all members of the public on an impartial and non-discriminatory basis.

CTV News reports on the decision. Toronto Globe and Mail reports that Saskatchewan will not appeal the ruling.

Full post as published by Religion Clause on January 11, 2011 (boomark / email).