Canadian Court to consider protection of conscience those who decline to conduct homosexual ceremonies

The Christian Legal Fellowship reported that the Saskatchewan Court of Appeal (Canada) will hear arguments on the constitutionality of proposed legislation drafted to protect the rights of individual marriage commissioner.

The Saskatchewan Court of Appeal (Canada) will hear arguments on the constitutional validity of proposed legislation that has been drafted to protect the right of individual marriage commissioners who, on conscience grounds, decline to perform same-sex marriage ceremonies, reports the Christian Legal Fellowship (Canada).

Arguments will be presented by the Government of Saskatchewan and ten interveners, including the Christian Legal Fellowship, on 13 and 14 May 2010.

The proposed legislation was drafted after two marriage commissioners sued the Government in response to being told they must marry same-sex couples or resign from their positions.  The marriage commissioners petitioned the Court of Queen’s Bench requesting Charter protection, claiming that the government had failed to provide accommodation for their religious beliefs.  A further spur was The Saskatchewan Human Rights Tribunal’s finding against marriage commissioner Orville Nichols for his refusal, on conscientious grounds, to marry a same-sex couple, resulting in a fine for Mr Nichols.

The proposed legislation seeks to remedy this conflict by granting marriage commissioners a right to refusal, a solution adopted in a majority of other Canadian provinces.  Without the legislation, the marriage commissioners face a choice between performing actions that violate their sincerely held religious beliefs and their career being terminated.  If the legislation is enacted, the marriage commissioners can continue both to serve the community and to honour their religious beliefs whilst same-sex couples can continue to access marriage services without hindrance.

The Christian Legal Fellowship will present arguments in favour of the legislative option designed to protect the religious freedom of both current and future marriage commissioners.  Ruth Ross, Executive Director and General Legal Counsel for the Christian Legal Fellowship, stated:

‘The heart of this case will determine whether the law, as reflected in the Charter of Rights and Freedoms, is truly committed to diversity, tolerance, and freedom, since the legislation does nothing more than to explicitly restate and apply the freedom of religion, as has been understood in Canada for generations, to marriage commissioners.’