/ 9 December 2004

Canada’s Supreme Court approves gay marriage law

Canada’s Supreme Court on Thursday ruled that government plans to allow same-sex marriage are constitutional, in a landmark ruling in the long battle for equal rights for gays and lesbians.

The government had asked the court to examine its Bill before it enters Parliament, a step expected to follow early next year.

The court ruled, however, that religious officials cannot be compelled to marry same-sex couples, if they believe the practice infringes on their religious beliefs.

While the government waited for a judgement before changing federal law on same-sex marriage, courts in six Canadian provinces and one territory already ruled that same-sex marriage is legal.

The court was posed four questions by the government:

  • Is Parliament allowed to change same-sex marriage laws?
  • Is the proposal constitutional?
  • Does freedom of religion permit priests to refuse to marry gay couples?
  • Is the traditional definition of marriage as between a man and woman also constitutional?
  • The court said yes to each of the first three questions, but exercised its right not to issue a ruling on the fourth question.

    The final inquiry was motivated by a desire to standardise law between any provinces that rules that marriage is a state between a man and a woman. — Sapa-AFP