Same-Sex Marriage Bill

Same-Sex Marriage, [2004] 3 S.C.R. 698, 2004 SCC 79

In 2003 the Supreme Court of Canada (SCC) received a proposal for a bill regarding the legality of same-sex marriage within the Canadian Charter of Rights and Freedoms. Tension existed between interpretations of s.2 (fundamental rights) and s. 15 (equality rights) and whether it was legal for two humans of the same 'sex' to enter into marriage, and how this affects the persons who certify the marriage and their own religious beliefs.

Essentially, is it unlawful to enforce the rule that religious actors who facilitate marriage must accommodate same- sex marriage when it is against their religious beliefs? The SCC ruled in favour of the proposal, recognizing that same-sex marriage is between two individuals who have the right to do so based on s. 15. It violates individuals' rights to withhold their participation in any institution based on their sexual orientation/preferences.

This ruling was significant for a few reasons. The highest level judiciary on Canadian land publicly recognized the right of humans to marry whomever they chose and whoever chooses them. It strengthens the legitimacy behind s.15s purpose in the Charter by acting as a legal protection people are entitled to and can exercise.

Lastly, passing the same-sex marriage bill acknowledges that rights for opposing groups, such as religious and individual interest groups, can co-exist without violating another. Ultimately, this broadens the traditional understanding of the Charter, allowing for flexibility in interpreting particular laws so that one person's rights do not consequently violate another.