Sask. court orders civil commissioners to marry gays

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Sask. court orders civil commissioners to marry gays

(1 vote, average 5.00 out of 5)

Media - Homosexuality

Article Link: Calgary Sun

By QMI Agency

A Saskatchewan court has determined that, regardless of personal religious beliefs, civil commissioners in the province must marry gay couples when asked to do so.

Following proposed legislation that would allow provincial officials the right to refuse to perform marriages that conflict with their religious beliefs, the Saskatchewan Court of

Appeal was asked to rule on whether the very idea of such amendments would be constitutional.

They're not.

The court found that civil ceremonies free of religious implication are exactly that: free of the influence of religion.

The court also found that people who assume roles in public offices are bound to the rules governing those offices.

"Persons who voluntarily choose to assume an office, like that of a marriage commissioner, cannot expect to directly shape the office's intersection with the public so as to make it conform with their personal religious or other beliefs," the court wrote in its decision.

"In our tradition, the apparatus of the state serves everyone equally without providing better, poorer or different services to one individual compared to another by making distinctions on the basis of factors like race, religion or gender."

To allow civil commissioners to refuse to perform marriages solely on their personal religious grounds, the court ruled, "would violate the equality rights of gay and lesbian individuals."

The case stems from three human rights complaints filed by marriage commissioners in the province. They alleged their freedom of religion was being infringed upon every time they were ordered to perform a same-sex marriage.

As a result of that complaint, the province submitted two possible solutions for the court's consideration: 1) that marriage commissioners appointed before Nov. 5, 2004, not be required to perform same-sex marriages if it runs contrary to their beliefs, and 2) No marriage commissioner is required to perform same-sex marriages if it runs contrary to their religious beliefs.

The court ruled that both proposals violate the equality rights of gays and lesbians in greater measure than individual marriage commissioners and "as a result, if put in place, either option would be unconstitutional and of no force or effect."