Canadian Supreme Court OK's Same-Sex Marriage

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Some days, I just love us.

This gives me tremendous pride. While our neighbours spend all kinds of time, money, and energy making a whole group of people feel like shît, ours looks for the fairest treatment.

Legislation is expected to land on the table in January, and be voted through nearly immediately. Between the Liberals, NDP and the Bloc, this will pass.

Good for us.


Supreme Court OK's same-sex marriage
Last Updated Thu, 09 Dec 2004 10:41:38 EST

OTTAWA - The Supreme Court of Canada says the federal government can redefine the definition of marriage, giving gays and lesbians the legal right to marry.

In a non-binding opinion released Thursday morning, the court reaffirmed religious freedoms under the Charter, saying religious officials opposed to same-sex marriages do not have to perform them.

It also declined to answer whether same-sex marriage was required by the constitution.

The Paul Martin government had asked the court to consider whether excluding gays and lesbians from legal marriage violated equality rights under the Charter.

But the court said that by failing to appeal a number of lower court rulings that said excluding gays from marriage was discriminatory, the federal government had already accepted that position.

"The government has clearly accepted these decisions and adopted this position as its own," the court wrote.

"I feel it is a clear green light in favour of equal marriage," said Martha McCarthy, a lawyer for same-sex couples.

Federal Justice Minister Irwin Cotler said Monday he would take the bill to Parliament as early as this month.

Martin has asked MPs to support the bill, but has also told them it will be a free vote.

The Liberals hold a thin minority government, with 134 of the 308 seats in the House of Commons, but should have the support of most or all of the 19 New Democrat MPs and 54 Bloc Québécois MPs.

NDP Leader Jack Layton has said his caucus will vote in favour of the bill, while Conservative Leader Stephen Harper, whose party is split on the issue, says it will be a free vote.

If passed, Canada would join Belgium and the Netherlands in making gay marriage legal nationwide.

Chrétien sent bill to court

Former prime minister Jean Chrétien sent the issue to the Supreme Court following a June 2003 ruling by the Ontario Court of Appeal allowing same-sex unions.

Ottawa has proposed changing the definition of marriage to the "lawful union of two persons to the exclusion of all others" rather than the "lawful union of one man and one woman."

Before taking it to Parliament, Chrétien referred the proposed bill to the Supreme Court, asking the justices to offer a non-binding opinion on three questions, including whether the government could redefine marriage, whether it supported the Charter of Rights and whether church groups had to perform the ceremonies.

When he became prime minister one year ago, Paul Martin added a fourth question: whether limiting marriage to a man and a woman was unconstitutional.

Along with Ontario, court rulings have now made same-sex marriage legal in British Columbia, Quebec, Saskatchewan, Nova Scotia, Manitoba and the Yukon.

Written by CBC News Online staff
 

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Very impressive, XP.

My fellow Americans...take note of this historic day. These are kinds of momentous resolutions will certainly revolutionize the world while significantly bettering life for all of mankind. If only we were as enlightened as our Canadians...just think what we could accomplish...

eyes.gif
 

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xpanda said:
Some days, I just love us.
Legislation is expected to land on the table in January, and be voted through nearly immediately. Between the Liberals, NDP and the Bloc, this will pass.

Good for us.
In a non-binding opinion released Thursday morning
x - so the court issues a non-binding opinion that homosexuals can marry, and you figure that legislation will pass.

I'm sure that any coalition party will give the impact of any such legislation very serious thought before enacting it - their stay oin power might be short lived if they overstep themselves.

Let's discuss this in early February! - I know a few Canucks who have redder necks than Robert Byrd.
 

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But its up to the clergy....fair enough I guess.

Does this mean all swiss army knives will now have a mellon baller?
 

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bblight said:
x - so the court issues a non-binding opinion that homosexuals can marry, and you figure that legislation will pass.

I'm sure that any coalition party will give the impact of any such legislation very serious thought before enacting it - their stay oin power might be short lived if they overstep themselves.

Let's discuss this in early February! - I know a few Canucks who have redder necks than Robert Byrd.

Technically, blight (oooh ... Canadian legal lesson for you!) any opinion or ruling passed down from the Supreme Court of Canada can be subject to the Notwithstanding Clause of the Charter.

But, yes, I do expect the legislation to pass. All NDP members will support it. A majority of Liberals will likely support it, given their party's minority status. And the Conservatives are subjecting the issue to a free vote, instead of trying to push for unity on this issue. Already a small handful have come forward to say that they will support the bill.

Interestingly, I just read an article that quoted a minister saying that if no significant changes are needed to the original draft bill, that the legislation will land on the table next week.

Also, of the provinces mentioned whose Supreme Courts have claimed that denying marriage rights to SS couple is illegal, all of their respective governments have yanked their cases in the appellate courts.

This will pass.
 

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Patriot said:
But its up to the clergy....fair enough I guess.

Of course. Any legislation forcing churches to marry SS couples would never pass, as we believe strongly in the separation. I daresay the legislation would look the same in the states.
 

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X thats good for you guys.

I said before I was all for civil unions down here.But I'll be god damn if 4 judges from Mass. get away changing definitions of what fits their fancy.
You know, what is it next week? Change the definition of marriage to include goats and cats?.....Oh yeah whats to stop them?

did ya like my mellon baller joke?
 

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just so you know, new zealand has just passed a similar bill:

Jubilant supporters of the Civil Union Bill hugged, kissed and cheered as emotion overflowed inside and outside Parliament's debating chamber yesterday.

Supporters of the bill stood and applauded in the public gallery when MPs voted the bill into law by 65 votes to 55. On the floor of the House, Labour's two openly gay MPs, Tim Barnett and Chris Carter, kissed and other supporters queued to hug Mr Barnett.

But in the galleries, opponents of the legislation watched stony-faced. They included Destiny Church leader Brian Tamaki, who sat through the two-hour debate with a phalanx of dark-suited followers.

Earlier, about 300 opponents of the bill gathered on Parliament's front lawn for a silent protest, many holding placards saying, "Say no". One woman broke into chants of "Jesus Rules". A man knelt and prayed. Another burst into tears as he begged supporters of the bill to leave.

But gay backers of the legislation disrupted the protest with a sound system blaring out songs including: It's Raining Men, Going to the Chapel, I Want That Man, and We are the Champions.

The bill, which takes effect on April 26, allows same-sex and de facto couples to formally register their relationships under the Births, Deaths and Marriages Act. It is intended that they will have the same rights, entitlements and obligations as married couples, but the full consequences of the legislation will not be known till a companion Relationships (Statutory References) Bill is passed.
 

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This guy is a homosexual dying from AIDS complications, and he was responsible for turning me on to conservative and libertarian thought more than anybody.He will be missed.
<TABLE cellSpacing=0 cellPadding=0 width=565 border=0><TBODY><TR><TD class=small>
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David Brudnoy, shown at home earlier this year, checked himself into Massachusetts General Hospital on Friday, asking doctors to treat his pain, not his cancer. (Globe Staff File Photo / Barry Chin)
</TD></TR></TBODY></TABLE>
<!-- <headline>Brudnoy, in cancer's grip, prepares for end</headline> <source>Boston Globe</source> <teasetext>David Brudnoy's voice has filled the cars and kitchens of the everyday and the elite for nearly three decades, his thoughts shaping the way tens of thousands of listeners view the world beyond their doors. But yesterday, the radio talk-show host could muster little more than a raspy whisper as he confided that a rare form of untreatable cancer has ...</teasetext> <byline>Brian McGrory</byline> <date>December 9, 2004</date> --> Brudnoy, in cancer's grip, prepares for end

By Brian McGrory, Globe Staff | December 9, 2004

David Brudnoy's voice has filled the cars and kitchens of the everyday and the elite for nearly three decades, his thoughts shaping the way tens of thousands of listeners view the world beyond their doors. But yesterday, the radio talk-show host could muster little more than a raspy whisper as he confided that a rare form of untreatable cancer has overwhelmed his body, and he expects to die within days.

''I'm ready," said Brudnoy, 64, in an interview in his room at Massachusetts General Hospital, oxygen tubes in his nostrils and the light from a picture window highlighting deep caverns that have opened on his face.

''I've said innumerable prayers within [the Catholic] tradition and other traditions," he said. ''I think whatever happens I will be able to contend with it."

''I don't believe in pitchforks and harps," added the declared agnostic.

Hours later, his longtime physician, Greg Robbins, confirmed the prognosis in a separate interview, saying, ''He has a terminal condition, and it's a matter of time. How much time is not in our control. It's a matter of hours or days."

As recently as Monday, Brudnoy was hosting his three-hour show on WBZ-AM. Last Thursday, he was still holding classes at Boston University, where he has taught part time for years and was elevated to a full professorship this year.

But exhausted and in pain, he checked himself into Mass. General on Friday, and a battery of tests revealed that the Merkel cell carcinoma that was in remission for the past year had reappeared in his vital organs, and doctors told him there was little they could do. Facing liver and kidney failure, Brudnoy has told doctors to treat his pain, not his disease.

When WBZ announced his dire condition yesterday, the reaction from rank-and-file listeners to fellow academics to the government officials he would gently provoke was one of collective shock. For as long as most people can remember, Brudnoy has been on the radio in what is typically the highest-rated nighttime talk show in town, his appeal slicing through socioeconomic, gender, and racial lines.

And since 1994, he has waged a series of victorious and sometimes miraculous fights against HIV and unrelated cancer, often breaking free from the clutches of death to return to the airwaves, to BU, and to his favored <ORG value="SBUX" idsrc="NASDAQ">Starbucks</ORG> on Newbury Street in what seemed a matter of weeks. Last fall and winter he endured ferocious chemotherapy and radiation treatments that sent the cancer into remission.

Yesterday, Brudnoy, his voice slightly slurred by small amounts of morphine and soft from a pain that he said emanates from his ribs, sounded unburdened by sadness or regret as he looked back at a career and the lifetime that encompassed it.

He wore cotton pajamas while slumped in a patterned wingchair on the 20th floor of Mass. General in a private room overlooking the Charles River. He has lost, by his own estimation, about 20 pounds from his already thin frame.

''If you accept, as everyone must, this stage in life, then I do not complain about my 64 years," Brudnoy said. ''I can't evaluate my own life. That's for others to do. But I think it's been OK. I've been nice to people. I can't think of anything more I can do but to accept and welcome this."

Asked to look back at his show, he replied, ''I want readers to know that the business we're in calls for snap judgments, and we often make grievously premature evaluations. What I tried over the years was to be less ideological and more empathic."

Indeed, in an age of radio hosts who try to achieve high ratings by slinging brutal insults against public officials and athletes, Brudnoy has always stood a world apart. A self-described libertarian, he appears as consumed by curiosity as by opinion. He is the rare host who reads the books of his author-guests. And he sheaths his most pointed questions to politicians in politesse.

Last night, WBZ radio paid tribute to him with a three-hour retrospective of his career, including an interview taped earlier in the day. ''I've said to corporate for the better part of a decade that he's the best talk host in America," said Ted Jordan, the station's general manager.

His show was often an eclectic cocktail of modern culture -- a philosopher one hour, a novelist pitching a book or a movie star promoting a new film the next, and maybe a US senator in the last slot of the night.

''David is a Massachusetts treasure," Governor Mitt Romney said in a telephone interview. ''He is an unadulterated voice of truth.

''The two most important days in your life are the day you're born and the day you leave," Romney continued. ''On the day you leave, you measure your life on two things -- what you're taking with you and what you're leaving behind. What he's taking with him is a soul that's pure, honest, and full of character and integrity. What he leaves behind is literally millions of listeners who have gotten new perspectives and insights from his unprejudiced voice."

At City Hall, Mayor Thomas M. Menino declared Brudnoy to be ''a class act, the smartest guy on the radio," then shared the details of a bet that he recently made. Brudnoy wagered Menino a steak dinner that the city could not fix a pothole on Commonwealth Avenue, where Brudnoy lives, within 24 hours. Menino had it repaired immediately. ''He still owes me," the mayor said, his voice falling soft. ''He can't leave yet."

Further up Commonwealth Avenue, in his office at the College of Communication at BU, journalism department chairman Bob Zelnick reached into a file cabinet, pulled out a fistful of student-authored faculty reviews, and randomly began reading from them.

''Quite possibly the best course I've taken at BU." ''Brudnoy encourages controversy and debate, approaching an interest from all sides." ''Brudnoy: A plus plus. Impossible to conceive a better informed or more intelligent instructor."

On Tuesday, Brudnoy was racing through student exams and papers to file final grades before he dies, and he bragged yesterday that he had finished the job.

Still, the braininess usually comes cloaked in an irreverence well known to anyone who has ever sat in his apartment and listened to his duck-shaped phone constantly quack, or been offered a whiskey with a beer chaser as they prepared to appear on his show. Brudnoy was asked yesterday whether he planned to return to die in his Back Bay condominium, where his parties used to teem with students, members of the news media, and politicos. He shook his head no. ''There's something less creepy about your body being taken out of a hospital bed than your own bed," he said with a hint of a smile.

As a visitor prepared to leave, Brudnoy told him, ''If you talk to Mitt or Tom, tell them I have to miss their holiday parties." He paused before adding, ''And tell the governor to upgrade his food."
 

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Patriot said:
did ya like my mellon baller joke?

Gross, actually.

honest abe said:
just so you know, new zealand has just passed a similar bill

Yes, and that's fantastic.

Did you guys know that the Dutch were the first to pass this legislation and they did it all the way back in 1989?? What the hell took us so long??
 

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While people in the states argue about what four judges or the common publics stance on what people do in thier own bedroom....the Canadiens seem to be on the verge of letting individuals decide thier own destiny and lifestyle. How refreshing.

Canada: Land of the free.
 

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Marco - 9 states detemined what they wanted in the last election - and none of them wanteed gay marriage.

Honest Abe - Civil Union, which is apparently what New Zealand is approving, is a concept that I could support. I just have strong feelings that marriage is just between a man and a woman.
 

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bblight said:
Marco - 9 states detemined what they wanted in the last election - and none of them wanteed gay marriage.

Honest Abe - Civil Union, which is apparently what New Zealand is approving, is a concept that I could support. I just have strong feelings that marriage is just between a man and a woman.
Have you heard the news!! There are now 50 states. Rednecks don't rule America just yet thank you.
 

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I fully agree with the decision. The bigger shame, apart from riding roughshod over other's personal liberties, is that so many funds are wasted trying to stop something that nevertheless goes on anyhow.
 

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I hope Canada doesn't stop the "individual freedom movement" thing at gay marriage. They need to also cater for the person who wants to marry 2,3,4,5,10,20 individuals and people who want to marry their family members etc.

If Canada doesn't allow it then these individuals are been discriminated against just like the homos.

BTW, they should legalise all drugs since as an individual, I should have the choice of what I can put in my body. Also, assisted suicides should be legal too since it's my life I am taking.
 

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JinnRikki said:
Have you heard the news!! There are now 50 states. Rednecks don't rule America just yet thank you.
So you're saying that anyone who disagrees with your agenda is a bigot?

Are you also saying that homosexual marriage would pass in states like Massachusetts and New York if it were placed on the ballot? Boy you are really naive and stupid if you believe that!
 

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truthteller said:
I hope Canada doesn't stop the "individual freedom movement" thing at gay marriage. They need to also cater for the person who wants to marry 2,3,4,5,10,20 individuals and people who want to marry their family members etc.
Sounds a bit like Utah, no? (A HIGHLY RED state, btw).

Maybe there is a correlation between Republicans and poligamy and/or incest?
 

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truthteller said:
I hope Canada doesn't stop the "individual freedom movement" thing at gay marriage. They need to also cater for the person who wants to marry 2,3,4,5,10,20 individuals and people who want to marry their family members etc.
Sure, why not? As long as everyone is a consenting adult, who gives a crap? The mormons do it, don't they?

If Canada doesn't allow it then these individuals are been discriminated against just like the homos.
*giggle*

You said 'homo.'

BTW, they should legalise all drugs since as an individual, I should have the choice of what I can put in my body.
Yes, absolutely.

Also, assisted suicides should be legal too since it's my life I am taking.
Also, yes, absolutely.
 

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While people in the states argue about what four judges or the common publics stance on what people do in thier own bedroom....the Canadiens seem to be on the verge of letting individuals decide thier own destiny and lifestyle. How refreshing.

Canada: Land of the free.
<!-- / message -->
Not so fast.They had this Canadian lawyer on last nite on Hannity & Colmes,and he said something about objections in the parliment and how it may be brought to a referundum vote (something like that)So its not a "slam dunk" yet.And it appears that not all Canadians are quite as "enlightned" as some think.

Some days, I just love us.
Sounds a little like nationalist facism to me.
 

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