Why I’m Voting Against the Civil Marriage Act
Excerpts from my letter to constituents

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Last year, the Government of Canada put forward a Reference last year to the Supreme Court of Canada with regard to a proposed new definition of ‘marriage’ — a definition that would extend that institution to same-sex couples. In December, the Court found this new definition to be valid under the Canadian Constitution’s Charter of Rights and Freedoms. At the same time, it confirmed that religious freedom to reject same-sex marriage was equally protected. Simply put, under the proposed legislation, same-sex couples would be able to marry, but religious officials and institutions could not be forced to marry them against their beliefs. The Supreme Court was categorical in this – the Charter protects freedom of religion. No church, synagogue, mosque or temple can be forced to marry same-sex couples.

Regrettably, however, the Supreme Court refused to answer a question that would have tested — at the highest level — the constitutionality of the traditional definition of marriage. The Supreme Court has ruled on a matter of law, but I do not feel that this is simply a legal issue. Marriage is a social institution, steeped in culture and tradition, and the dramatic alteration of this institution proposed in Bill C-38 has sociological and psychological implications that cannot easily be dismissed.

While I accept that our law had become inadequate, in failing to provide a framework for non-traditional relationships, it was and continues to be my view that a solution can be found by creating a new legal framework (perhaps called ‘Civil Union’) under which all persons, including those in opposite-sex relationships, could formalize and protect their relationships — allowing traditional marriage to remain unchanged for persons, faith groups and other bodies as they might wish. This is conceptually a little like building a new home for yourself and your new needs, instead of renovating the old one. In fact, I and my colleagues in the House of Commons Justice Committee were at work on just such a solution, when our work was abruptly halted by the Ontario Court decision to which the Supreme Court Reference was a response.

I know the residents of Scarborough—Rouge River well, and I find them massively opposed to the Bill as now drafted. All this being the case, I will vote against Bill C-38. Beyond that, should Bill C-38 not become law, I will be prepared to work for adoption of the “civil union” concept in new legislation.