Same-sex ruling distresses bishops

By ART BABYCH
Canadian Catholic News
Ottawa

"We hope the federal government will appeal," Msgr. Peter Schonenbach, general secretary of the Canadian Conference of Catholic Bishops, said May 1.

The court overturned a ruling by the B.C. Supreme Court which said Canada discriminates against same-sex couples by refusing to allow them to marry but that it is justified under the Charter because the main purpose of marriage is to provide a structure for raising children.

Two other courts, in Ontario and Quebec, ruled that the ban against same-sex marriage must be lifted. The federal government is appealing those decisions.

In its unanimous ruling, the three-member appeal court in B.C. said the laws against same-sex unions should be changed so that marriage is "the lawful union of two persons to the exclusion of all others," rather than the union of man and woman.

the court "seems to have taken a cavalier notion" on the issue of same-sex marriage. - Msgr. Peter Schonenbach

It gave the federal government until July 12, 2004 to change the law. "The common law definition of marriage contravenes the Charter and it cannot be justified in contemporary Canadian society," the judges wrote.

But Schonenbach said the court "seems to have taken a cavalier notion" on the issue of same-sex marriage. "Any court of law would realize that there is a fairly good body of opinion - and not only Christians - who think differently," he said. "I suspect the silent majority is on the traditional side."

Vic Toews, the justice critic for the Canadian Alliance party, said defining marriage is not a constitutional or legal issue but a social policy decision up to Parliament to make.

The courts are "exercising authority that was never granted to them under the Constitution for, I think, very good social policy reasons," he told CCN.

"Parliament spoke on this issue in 1999, when it overwhelmingly stated that marriage is an institution between one man and one woman and that Parliament will take all necessary steps to defend that legislation."

Justice Minister Martin Cauchon said no decision has been made whether to appeal the B.C. court's ruling.

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