Sask. appeal court asked whether commissioners can opt out of same-sex marriages
Posted on July 5, 2009
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REGINA — The Saskatchewan government wants the province’s highest court to weigh in on proposed legislation that would allow marriage commissioners to not perform same-sex marriages if it is contrary to their religious beliefs.
Justice Minister Don Morgan said Friday that the government is referring legislative options to the Court of Appeal for its opinion on whether the proposals meet the requirements of the Charter of Rights.
“We’ve given the Court of Appeal two suggested options: one that we grandfather the existing marriage commissioners that are reluctant or refusing to perform a same-sex marriage, and the other one would be to create a religious exemption for those and for future marriage commissioners,” he said.
“It would require us to have two pools of marriage commissioners. One that would be willing to perform the same-sex marriage and one that would not.”
Whether officials can refuse to marry same-sex couples is the subject of a lawsuit and a complaint before the Saskatchewan Human Rights Tribunal - both of which are being heard by Saskatchewan Court of Queen’s Bench.
The complaint arose in 2005 when marriage commissioner Orville Nichols, a devout Baptist, told a gay couple he wouldn’t marry them because it went against his religious beliefs.
See Sask. appeal court asked whether commissioners can opt out of same … The Canadian Press
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