Estevan-The Liberal government received more than they bargained for when they submitted the reference questions to the Supreme Court of Canada. The government does have the jurisdiction to propose legislation that would redefine marriage for civil purposes so as to include same-sex couples and not offend the Charter, but they were not favoured with a response to the all important Fourth question.

The Fourth question was essentially whether the opposite sex requirement for marriage for civil purposes as established by common law is consistent with the Charter. The Court refused to answer this question, in large part, due to the fact the Crown failed to appeal the decision of lower courts.

“The bottom line is the Supreme Court has not explicitly ruled that the traditional definition of marriage is unconstitutional,” said Komarnicki. “It is therefore open for Parliament to defeat the proposed legislation and to enact legislation that would protect the traditional definition of marriage.”

The fight for protecting the traditional definition of marriage has just begun and in real terms it will be up to members of the public to mobilize and place pressure on their MPs to ensure they vote against the proposed Liberal Bill.

Liberal, Block and NDP MPs blocked MP Rob Moore’s Private Members’ Bill to preserve the traditional definition of marriage from being voted on, in large part, because they felt the Bill was unconstitutional. “That Bill should have been votable,” said Komarnicki.

The Supreme Court also stated that the protection of religious freedoms is broadly and jealously guarded and that officials of religious groups could refuse to perform marriages that are not in accordance with their religious beliefs. The Court suggested that the protection would extend to ancillary matters like the use of places for celebration of marriage and being compelled to assist in the celebration of marriage.

“We shouldn’t take religious freedoms for granted either,” said Komarnicki, “and should specifically ensure that religious freedom includes the right of churches and other religious bodies to preach and teach their beliefs, right of religious schools to hire staff who respect their doctrines and practices, and the right of justices of the peace, civil marriage commissioners, and others to act in accordance with their beliefs.”

“Far from being over, it is the beginning of a fight for preserving what is right,” said Komarnicki. “This will not be easy, as the government has elected to proceed with the proposed legislation and in the meantime, same-sex marriages are being performed throughout the country.”

“I challenge members of the public,” said Komarnicki, “to rally in the defense of the traditional definition of marriage.”