Saskatchewan Court Of Appeals Rules Marriage Commissioners Cannot Refuse To Marry Same Sex Couples On Religious Grounds

Thankfully, the Saskatchewan Court of Appeals has ruled that provincial marriage commissioners cannot refuse to marry same sex couples, the Globe and Mail reporting that the decision by the province’s highest court rejects two proposals from the provincial government that would have permitted some or all marriage commissioners the right to refuse to perform a service involving gay or lesbian partners if it offended their privately held religious beliefs. The government had proposed that marriage commissioners employed prior to 2004 – when same sex marriage was legalised – could refuse to perform the service, also proposing a second compromise when all marriage commissioners regardless of employment start date, could refuse. Monday, Justice Robert Richards, said in a ruling supported by fellow justices John Klebuc, Ralph Ottebreit, Gene Ann Smith, and William Vancise, that “Both of the possible amendments offend the Canadian Charter of Rights and Freedoms. Either one, if enacted, will create situations where a same-sex couple contacting a marriage commissioner for the purpose of getting married will be told by the commissioner that he or she will not provide the service requested. This is not a merely theoretical concern,” adding that “First, and most importantly, this submission overlooks, or inappropriately discounts, the importance of the impact on gay or lesbian couples of being told by a marriage commissioner that he or she will not solemnize a same-sex union.” He added that should marriage commissioners be permitted to opt of same sex services, they might also do so because they object to interfaith or interracial marriages, writing “It is not difficult for most people to imagine the personal hurt involved in a situation where an individual is told by a governmental officer, ‘I won't help you because you are black (or Asian or First Nations) but someone else will,' or ‘I won't help you because you are Jewish (or Muslim or Buddhist) but someone else will.’ Being told, ‘I won't help you because you are gay/lesbian but someone else will' is no different.” Among those supporting Monday’s ruling, was the Saskatchewan Federation of Labour, one of the interveners in the case. Donna Smith, a member of the SFL’s solidarity and pride committee saying “This is a very important decision. An important precedent has now been set that will help to deter discrimination against same sex couples that wish to marry.”