Why not leave marriage to religious institutions?
Religious institutions would still need Ottawa’s help and authority, triggering again the constitutional hurdle to reach agreement with all the provinces and territories. Religious institutions cannot do it alone; their marriages could not be legally recognized without registration. The federal government – because it is the authority that defines marriages and since common law already has a definition of marriage – would necessarily be the level of government that would register couples under this new system. Ottawa would then have to convince all the provinces and territories to agree to change their laws governing solemnization. As stated earlier, full agreement by all jurisdictions would be necessary to ensure that couples obtain the benefits to which they are entitled. Further complications would arise in cases of divorce, which religious institutions would not be able to deal with on their own. Any registry would have to provide for the effects of dissolution. Parliament could be
