Monday, September 16, 2002

A story released today by the National Post reports that the Justice Department in Canada is advancing the argument that same-sex couples do not meet the "core opposite-sex requirements" of marriage that are based on procreation and raising children.

The assertion is contained in a written legal submission that Justice lawyers have filed in the Ontario Court of Appeal in a challenge to same-sex marriage.

This is the first time the government has made public the argument it will use in seeking to appeal a July court ruling that stated banning same-sex marriage violates the equality rights guarantees of the Charter of Rights and Freedoms.

The court gave the federal government two years to change its marriage laws.

Martin Cauchon, the Justice Minister, has said the government is seeking leave to appeal the Ontario court ruling to keep its options open while he decides what to do.

The government says the Ontario Divisional Court made a legal error in its ruling. Denying marriage to gays and lesbians is nothing personal, the written submission says. Rather, they do not qualify because of the "fundamental objective" of marriage.

"The fact that same-sex couples do not come within the current meaning of marriage ... relates to the fact that their unique relationship does not meet the core, opposite-sex requirement of marriage."

The Ontario Court of Appeal has not yet ruled on whether it will hear the case. The government argues the court should take on the issue because of its "profound importance."

In the coming discussion paper, Canadians will be asked their opinions on several possibilities, including whether the government should get out of the marriage business and leave it to churches.

The government says in its court submission it is seeking legal clarity because the ruling conflicts with another decision from the same court in 1993 and a 2001 judgment by the British Columbia Supreme Court.

The government's submission is dated Aug. 30, just a week before the Quebec Superior Court handed down a ruling in favor of same-sex marriage.

Public opinion surveys indicate Canadians are almost evenly divided on whether same-sex couples should be allowed to wed.