"Discrimination" against same-sex justified. (Canada).

Vancouver--Vancouver judge Mr. Justice Ian Pitfield ruled on October 2, that while Canada does discriminate against same-sex marriages, the discrimination is justified under the Charter of Rights, Section 1, the limitation clause. Mr. Justice Pitfield found that it would not be appropriate for him to judicially redefine marriage since, constitutionally, the federal government has jurisdiction over marriage and divorce and the historical understanding of marriage is the union of one man and one women. The question is one for politicians, not the courts, he added.

The Interfaith Coalition were interveners in the case. This Coalition includes the Archdiocese of Vancouver, Council of Sikhs, B.C. Muslim Association, Islamic Society of North America, Ontario Conference of Catholic Bishops, Ontario Council of Sikhs, the Catholic Civil Rights League, the Evangelical Fellowship of Canada, and REAL Women of Canada.

Two similar same-sex marriage cases, up-coming in Quebec and Ontario, are liable to be affected by the B.C. ruling. Representatives of the federally funded homosexual group EGALE, which has sponsored all three cases, expressed disappointment with the ruling but said it will be appealed.

Mr. Justice Pitfield further wrote that even the federal government cannot merely pass laws changing the legal definition of marriage. A constitutional amendment in line with the amendment process of the 1982 Constitution Act would be required. This would have to be approved not only by the federal government but by 7 out of 10 provinces representing 50% of the population.

Stated Judge Pitfield: "I concur in the submission of the Attorney General of Canada that the core distinction between same-sex and opposite-sex relationships is so material in the Canadian context that no means exist by which to equate same-sex relationships to marriage while at the same time preserving the fundamental importance of marriage to the community" (LifeSite News, Oct. 3/01).

Gary Walsh, president of the Evangelical Fellowship of Canada (EFC), coments: "The British Columbia Supreme Court has courageously affirmed marriage despite intense pressure to redefine it. It has affirmed that marriage is by its very nature a monogamous union between a man and a women. This is a very positive decision for Canadian society" (Zenit, Oct. 4/01).

Phil Horgan, National Vice-president of the Catholic Civil Rights League, said: "This is a clear affirmation of the fundamental cultural importance of the institution of marriage" (Cath. Reg. Oct. 21/01).

Meanwhile, one day after the B.C. Supreme Court ruled against same-sex marriages, it was reported that Statistics Canada is funding a $55,000 study to determine if people are ready to be asked about their sexual orientation. In a similar study in 1993, respondents "were not prepared to answer the question" (Globe and Mail, Oct. 05/01).