Thursday, July 28, 2005

Alberta to Protect Officials With Religious Objections to Performing Gay Marriage

Now that Canada has recognized same-sex marriages, individual provinces are concerned about protecting marriage commissioners who have religious scruples against performing such ceremonies. (See earlier posting.) Alberta Justice Minister Ron Stevens has promised to introduce legislation to shield commissioners from human rights complaints in such cases, even if it means invoking the "notwithstanding clause" of Sec. 33 of the Canadian Charter of Rights and Freedoms that permits laws to override the Charter, subject to re-enactment every 5 years. Today's Globe and Mail reports on these developments and says that the Canadian federal government is unlikely to oppose such a law. In Alberta, use of the "notwithstanding clause" requires a province-wide referendum. A marriage minister in Manitoba has already been sued by a gay couple after he refused to perform a wedding ceremony for them.