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Canada unveils rules, activists angry
( 2003-07-18 10:49) (Agencies)

The Canadian government on Thursday took a major step toward legalizing gay marriages, shrugging off protests from pro-family activists who said Ottawa was destroying a bedrock of society.

Justice Minister Martin Cauchon said he had sent draft legislation on gay marriages to the Supreme Court of Canada to ask for its opinion. Once the Supreme Court signs off on the legislation, the government will allow members of Parliament to hold a free vote on the bill.

The Liberal government promised to act quickly last month after an Ontario court cited Canada's Charter of Rights and Freedoms and said gay marriages should be legalized. A British Columbia court followed suit and hundreds of same-sex couples have tied the knot in the two provinces.

"By expanding the definition of marriage to recognize the union of same-sex couples, we are recognizing that all Canadians have the right to equality under the Charter," Cauchon told a news conference.

"(This) does not take away any rights from opposite sex couples, nor does it erode the significance or sanctity of marriage. On the contrary, it provides more Canadians with access to the institution of marriage."

He said the draft legislation would protect the freedom of religious belief and said no religious groups would be forced to carry out gay marriage ceremonies.

The federal government -- which has the constitutional right to define marriage -- wants the definition changed to "the lawful union of two persons to the exclusion of all others" from the lawful union of a man and a woman.

The Supreme Court is unlikely to rule before October, which means a vote in Parliament could well be put off until next year. Opinion polls show a narrow majority of Canadians back the idea of gay marriage.

Critics pointed out that as recently as 1999, the Liberals had promised to take all necessary steps to preserve the traditional definition of marriage.

"It's a radical flip-flop from the government...it's left us saddened and outraged. Our heads are spinning," said Jay Barwell of Focus on the Family, which has already said it intends to appeal the Ontario court decision.

"The historical definition (of marriage) is the underpinning definition of societies from time immemorial and this government has undertaken to change something that wasn't theirs to change, quite frankly. The Canadian government didn't invent marriage."

Gay activists were delighted, saying it would help create a more just society in Canada.

"We have access to pensions, we have access to inheritance rights, but without the benefit of marriage those in a same sex relationship are still relegated to a second-class position," said Stephen Lock of the group Egale Canada.

Many same sex couples getting married in Ontario and British Columbia are from the United States, where gay marriages are forbidden. Vermont allows civil unions but not full marriages.

 
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