Canada Court's OK of Same-Sex 'Marriage' Has Conservatives Concerned

by Chad Groening and Jenni Parker
December 10, 2004

(AgapePress) - The ruling by Canada's Supreme Court that same-sex marriage is constitutional is reverberating across North America, as liberals and conservatives across the continent react with celebration or alarm. One Canadian pro-family leader says it may take the election of a conservative government to prevent Parliament from extending marriage rights to homosexuals.

The Canadian Supreme Court's controversial opinion, issued yesterday (December 9), gives Parliament authority to approve legislation allowing same-sex marriage. Pro-family forces in the U.S. have reacted with concern, feeling the Canadian court's action is another sign of what America may be confronting in the future.

Steve Crampton, chief counsel at the American Family Association Center for Law & Policy, says the Canadian high court's opinion is exactly the kind of judicial activism U.S. liberals would love to see happen in their own country. So even though U.S. conservatives have had "a really good year at the polls," he says, now is no time for the pro-family crowd to relax its vigilance.

Steve Crampton

"The federal courts have taken a black eye, I think, in the last year," Crampton says, "but by no means have they or the other side that pushes for these kinds of radical social-engineering measures totally given up on the idea of rewriting the American way of life. So we certainly can't go to sleep at the wheel at a time like this."

The AFA Law Center attorney says just like in the U.S., justices in Canada are not supposed to be policy makers, but instead are supposed to be neutral arbitrators of the laws that the legislature initiates. Crampton contends that the opinion issued by the Canadian Supreme Court is an egregious case of "the tail wagging the dog" and also, "a remarkable picture of really what the liberals in America want to see happen in our own court system."

Mixed Canadian Reaction
Canadian reactions to the decision have been mixed. According to Associated Press reports, while some churches in Canada are condemning the high court's decision, others are celebrating it. One attorney whose church solemnizes same-sex marriages expressed his approval, pointing out that the ruling does not violate religious rights because the court said clergy cannot be forced to perform marriages if their beliefs oppose doing so.

And the United Church of Canada, meanwhile, is endorsing the Supreme Court's move as a positive step towards justice. In a submission presented to the court by the UCC last October, the church spoke in favor of the right of religious officials and congregations to decide for themselves whether to allow same-sex marriage services for homosexual couples. A Worldwide Faith News report quotes the UCC's program officer for human rights, Choice Okoro, as saying that the church "believes that equality and religious freedom can live side by side, supporting each other and building a stronger society."

However, Rev. Gordon Young, a Newfoundland pastor, told AP that redefining marriage would undermine "the divine institution that God put in place for the order of our society." He says the government has no right to redefine marriage and doing so will lead to breakdown. Although Canada's Prime Minister Paul Martin calls homosexual marriage an equal rights issue, Rev. Young encourages members of Parliament to reject the plan to legalize it nationwide.

Candian Conservatives -- Any Recourse?
Brian Rushfeldt, president and co-founder of the Canada Family Action Coalition, says he was not surprised at Thursday's unanimous opinion by the Canadian Supreme Court, stating that homosexual marriage would be constitutional in Canada. He says there appears to be only one remedy to the situation.

"If they do pass this law," Rushfeldt says, "the only recourse after that is to elect a conservative government with a good majority so that we can get something passed through our Parliament again to correct the problem."

The pro-family leader feels conservatives' options are limited at this point, and it may be that the only way to reverse the liberal government's direction would be to put a new government in place. "That's the only recourse that we have," he says. "If they do introduce a piece of legislation in Parliament, then that's where we have to defeat it because, if it gets introduced and passed, then we'll definitely see the definition of marriage changed."

Rushfeldt is convinced that most of Canada's citizens would support a Canadian Defense of Marriage Amendment. "If we were to put this to a vote, I am very, very sure that the majority of Canadians, by about 70 percent, probably will oppose homosexual marriage," he says.

The head of the Canada Family Action Coalition says the organization will be working to mobilize citizens across Canada in an attempt to head off the liberal government's efforts to extend marriage rights to homosexuals. "We've got to rally the troops across Canada," he says, urging citizens to contact members of Parliament and tell them, "If you do not support marriage as [being between] a man and a woman, we're coming after you next election and you will be out."

However, Rushfeldt says once Canada's lawmakers have been warned, the conservative and pro-family grassroots need "to follow that up with action" and really make sure they work hard at electing a conservative majority of government leaders who will defend traditional marriage.