The Supreme Court refused to answer the question about whether the opposite-sex requirement for marriage is unconstitutional. So doesn’t that mean it could still be constitutional?
Even though the Court did not answer this question, the issue is still clear. Providing access to civil marriage for same-sex couples is consistent with the Charter which guarantees equality for all Canadians. Moreover, lower courts in seven provinces and territories have ruled that the opposite-sex requirement for marriage is unconstitutional. This is a matter of equality rights. The Government has two choices – either we move forward to pass uniform legislation that is consistent with the Charter and the Court decisions of seven provinces and territories or we move backwards to take away rights by using the notwithstanding clause. The Prime Minister has clearly stated that he will act to uphold the Charter of Rights.
Related Questions
- The Supreme Court refused to answer the question about whether the opposite-sex requirement for marriage is unconstitutional. So doesn’t that mean it could still be constitutional?
- Could the California Supreme Court overturn the people’s vote again and declare Proposition 8 unconstitutional?
- Did the Vermont Supreme Court case legalize same-sex marriage?
