Canada Could Have Gay Marriage Law Before Year End

(Ottawa) Canada's Justice Minister says he is confident that the Supreme Court will uphold draft legislation to extend same-sex marriage across the country.

The court will release its constitutional opinion on the proposed law Thursday morning. After courts in Ontario and British Columbia last year stuck down the definition of marriage as a union between one man and one woman the government said it would not appeal the rulings and would bring in legislation revamping marriage laws.

The bill would allow gay and lesbian weddings in city halls, courthouses and in religious institutions that chose to recognize them. Churches, synagogues and mosques opposed to gay marriage would be allowed to refuse to perform the ceremonies.

In a rare move the government sent the draft bill to the court asking it to consider three questions pertaining to the bill.

- Does the federal government have exclusive authority to define marriage? The question was a pre-emptive strike at any provincial attempt to thwart the new law.

- Does the Charter of Rights and Freedoms protect religious groups from having to perform gay weddings against their beliefs?

- Is the proposed same-sex marriage law constitutional?

Prime Minister Paul Martin expanded the reference after he was sworn in last December, adding a fourth question: Is the traditional definition of marriage also constitutional? This was aimed at allowing the court to uphold the century-old definition of marriage, but open the door to civil unions. The move was heavily criticized by LGBT rights groups.

Coming out of a Cabinet meeting Wednesday Justice Minister Irwin Cotler told reporters that he expects the Supreme Court to uphold his government's proposed legislation and the Liberals will move quickly to enact it.

``We are going to be proceeding with this bill,'' Cotler said after a Liberal caucus meeting Wednesday, adding that the marriage bill could be introduced in Parliament as early as this month.

``We expect that the Supreme Court will uphold the appellate and lower-court judgments in this matter,'' he said.

``We expect that the two foundational principles - namely of equality rights and religious freedom - will be sustained.

``And therefore based on these Charter principles we will move ahead . . . with all deliberate speed to introduce legislation which will extend civil marriage to gays and lesbians.''

Following the rulings in Ontario and British Columbia courts in four other provinces and one territory have overturned the traditional definition, paving the way for same-sex weddings.

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