GOVERNMENT OF CANADA REAFFIRMS ITS POSITION ON
SUPREME COURT REFERENCE

"May I begin by saying that the Government of Canada is reaffirming its position in the marriage reference, organized around two foundational principles - support for equality - and within that the extension of civil marriage to same-sex couples - and support for religious freedom - and within that protection for religious officials from being forced to perform a marriage ceremony between two persons of the same sex where it is against their religious beliefs.

But there is a third important principle, and that is the importance of a full and informed debate before the court, in Parliament and in response to concerns of the public. It is to respect that third principle that the Government is seeking the opinion of the Supreme Court of Canada on a new question in the reference on civil marriage and the legal recognition of same-sex unions.

In particular, the Government of Canada is seeking the opinion of the Supreme Court of Canada on the question of whether the opposite-sex requirement for marriage for civil purposes is consistent with the Canadian Charter of Rights and Freedoms.

We understand that many Canadians are struggling with this question. And as a new administration, one of our key priorities is to address what some have termed "a democratic deficit".

While the Government's position on the reference has not changed, adding this question will allow for a more comprehensive opinion by the Court, and for those groups and individuals who do not agree with the Government's approach to put their case to the Court.

As you may know, the Supreme Court ruled last Friday that 18 groups and individuals can intervene. So we are sure of a full range of views before the Court.

In making this decision to add a new question, the Government was guided by three principles - equality, religious freedom, and the importance of a full and informed debate before the court, in Parliament and in response to the concerns of Canadians on this important social issue.

In summary, the Government continues to believe that the best way to fully respect the two fundamental Charter rights involved here - equality and freedom of religion - is to provide equal access to civil marriage for same-sex couples seeking that degree of commitment as other couples, while ensuring the protection of religious officials who refuse to perform marriage ceremonies where it would be against their religious beliefs.

The final decision on this question will be made by Parliament in the spirit of open debate. But before that happens, we need clear advice from the Supreme Court on the legal framework within which choices must be made."

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