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C-38 passes Third reading.

© David Newman

It's been over two years since an Ontario court found the definition of marriage of "one man and one woman to the exclusion of all others" to be unconstitutional. Yet until now, the House of Commons has done little to remedy the thing. Since then nine Canadian jurisdictions have recognised equal marriage through the courts. Only Alberta, Prince Edward Island, Nunavut and the Northwest Territories had yet to reject the federal law through the court system.

Soon enough they will have to issue the licences to whichever couple demands it. In Canada gender will not restrict the people you can marry, allowing people of all sexual orientation the same rights.

Indeed, the House of Commons, on July 28, 2005, heard and passed Bill C-38 changing the definition to be the union of two persons. One year after this parliament was elected, it has made its greatest decision and perhaps the most important decision of the past generation.

However, it could have been done earlier. Canada could have been the first country to legalise Same-sex marriage, and the first legal marriage between a same-sex couple is a Canadian one, performed in 2001. However, with delaying tactics by the Conservatives, and indeed the Liberals (who added an extra reference to the Supreme Court, and who simply lacked the political will to move on this issue quicker) we have been beaten by the Netherlands and by Belgium, and perhaps even by Spain as their recognition of equal marriage may become law before our bill gets royal ascent.

On the 28th, I listened to CPAC for more time than is healthy for a young adult during the summer. It is incredible how limited the debate was to begin with. The Conservative Party is the only one that opposes equal marriage.

Their arguments were based much on the idea of Freedom of religion. However when it was pointed out that many Churches want to marry homosexuals, they had no reply. Liberal Hedy Fry asked why we should choose one religion over another. The Conservatives never answered that point.

The Conservatives were fuming that debate was being cut. But the repetition of the same argument as well as the refusal to answer questions such as: what would you do about the thousands of gay couples already married? Would you force their divorce?

In the end, the Yays had it with 158 (mostly Bloc, Liberal and New Democrat MPs) while 133 mostly Conservative MPs voted against the bill.

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