Leave Same Sex Marriage Legislation Stand

And concentrate on the Defence of Religions Act which would level the playing field and give the same rights to those who oppose gay and lesbian life styles. They seem to be able to put forward their agenda with impunity.

Tories intend to protect same-sex opponents

Updated Wed. Oct. 4 2006 8:59 AM ET

CTV.ca News Staff

The Conservative government is working on measures that would protect opponents of gay marriage, including ministers and justices of the peace who refuse to marry same-sex couples.

The legislation will also include measures that would protect religious leaders' rights to voice criticism of homosexual behaviour without risking complaints of human rights violations, The Globe and Mail reports.

Since the election campaign, the Conservatives have promised to move a motion to re-open the debate on same-sex marriage and put the issue to a free vote in the House of Commons.

The motion is expected in the fall. If it passes, it will give the government the authority to bring in legislation to repeal the law that made same-sex marriage legal last year.

If it is defeated, the government intends to bring forward the new Defence of Religions Act as a backup plan.

Justice Minister Vic Toews confirmed the government's intentions in an interview Tuesday with The Globe.

However, Toews wouldn't go into specifics.

"The nature of the concerns that are being raised with me are relating to freedom of religion and freedom to practice religion (and) freedom of expression," he said.

"The prime minister has indicated that he is bringing the matter forward -- the issue of same-sex marriage -- on a free vote. And there may be certain options open to the government as to what the response should be in either event, whether that opening is successful or not successful."

A few rebel Conservatives are likely to join with opposition MPs to defeat the motion to reopen the same-sex marriage debate, which would prompt the government to introduce the backup legislation.

The legislation would also protect religious groups from being forced to do business with groups they disagree with for religious reasons. By example, a church couldn't be forced to rent its reception hall for a same-sex wedding if it disagreed with the union.

Religious leaders have long worried their free-speech rights to express religious beliefs on the subject of homosexuality were coming under fire, and ministers would one day be forced, by law, to perform same-sex marriages.

The former Liberal government claimed existing laws and court precedent already protected ministers from performing same-sex marriages if they chose not to.

Courts and tribunals, however, have sent mixed signals over the rights of individuals to publicly criticize homosexual behaviour, and as a result the new legislation could face challenges under the Charter of Rights and Freedoms.

A source told The Globe that the legislation is a work-in-progress but "the point is there. People have to have the right to say what they want."

Prime Minister Stephen Harper told the House of Commons on Tuesday that he is also committed to protecting the rights of gay and lesbian Canadians.

"At the same time," he added, "we also defend the right of people of religious faith to practice their religion and to express their religious views.

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