Invoke notwithstanding clause in same-sex debate

Toronto cardinal writes prime minister asking for a national debate on same-sex marriage

Dear Prime Minister:

Let society have its say

My purpose in writing this open letter to you is to urge caution in taking this step toward the redefinition of marriage. We all would do well to pause reflectively before we alter social structures like marriage and the family that lie at the core of our society, and that represent the accumulated wisdom and experience of the ages.

The conjugal partnership of a man and a woman is the beginning and basis of human society, and the family is the first and vital cell of society. Tampering with marriage and the family poses significant social risks.

Can we say with certainty what the social outcome of a redefinition of marriage would be? In all humility, none of us can do so. Human sexuality is a powerful force, which society has acknowledged through many of our laws and social customs.

If same-sex marriage receives the approval of Parliament, then what?

The law is a teacher. Does Canadian society as a whole, and do parents in particular, understand what the law will be teaching in this instance? It will be teaching that homosexual activity and heterosexual activity are morally equivalent. Public schools will be required to provide sex education in that light. Many parents, religious and non-religious, would not agree, nor would many, if not the majority, of Canadians. Is it fair to put children in the position of having to reconcile the values and beliefs of their parents with a novel state-sponsored understanding of marriage that may not be truly supported by the majority of Canadians?

Prime Minister, have you received assurances from the premiers that they are providing legislative protection for the right of religious officials and organizations to decline to celebrate same-sex marriages that are contrary to their faith?

Are you prepared to pass legislation in the absence of such assurances?

An open and full public debate would explore these and other implications of the proposed redefinition of marriage.

I urge you, Prime Minister, to table a bill that legislatively enacts the traditional opposite-sex definition of marriage, coupled with a clause that provides for the legislation to take effect notwithstanding the Charter of Rights and Freedoms.

As you know, the so-called notwithstanding clause has a five-year lifespan. A five-year period will allow this national discussion sufficient time to occur and to ripen into a sober and careful decision. It will give time for Canada to observe the social experiments now under way in Belgium and the Netherlands, and in other places where legislation implementing same-sex marriage might occur.

Some will argue that the use of the notwithstanding clause in the charter is wrong in principle. I must respectfully disagree. The notwithstanding clause was inserted to recognize parliamentary supremacy and the need for democratic oversight for the courts. No Canadian can say that the courts always get things right.

Judges are not elected and are ultimately not accountable for their decisions.

Consent of the people

Finally, Prime Minister, you will no doubt agree that freedom of conscience is fundamental to our society. Members of Parliament must be free to vote in accordance with their consciences on a matter as basic to our social structure as the definition of marriage. I urge you to permit all parliamentarians, cabinet ministers included, to vote their consciences on any legislation that is put to a vote in Parliament on the issue of marriage.

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