Key Messages re Re-Opening Equal Marriage

1. Canadians don’t want to re-open this divisive debate

- two-thirds of Canadians do not want the Harper government to bring the equal marriage issue back to Parliament for a free vote (Jan 24 Environics)

- Canadians debated equal marriage for 2 ½ years

- the courts have ruled and Parliament has decided. How many times must Parliament decide?


2. Re-opening the debate is pointless and politically motivated

- right now we have a law that works well and is fully consistent with the Charter

- Mr. Harper’s goal is to pass an unconstitutional law that will lead to years of legal confusion, and will eventually land us back to where we started.

- the only reason Mr. Harper wants to re-open the debate is to satisfy his political base


3. Canadians want a leader who will move Canada forward, not roll back the clock

- Canadians want government to deal with issues like health care, education and the environment, not to re-visit an issue that’s already been endlessly debated and decided

- Canadians want a leader who will unite us, not divide us

- Re-opening this issue is divisive politics that will foster social division


BACKGROUND:

The Conservative election platform says a Conservative government will:

“hold a truly free vote on the definition of marriage in the next session of Parliament. If the resolution is passed, the government will introduce legislation to restore the traditional definition of marriage while respecting existing same-sex marriages.”

During the first leaders debate on December 15, Mr. Harper said he would “never” use the notwithstanding clause on this issue. He re-iterated that position the next evening during the English leaders’ debate. He maintains he does not need to use the notwithstanding clause because Courts would defer to the clear will of Parliament.

Legal experts criticized Mr. Harper’s position, saying use of the notwithstanding clause is the only way to take away equal marriage.

In January 2005, 134 constitutional law professors sent a letter to Mr. Harper saying the only way to exclude same-sex couples from civil marriage is to use the notwithstanding clause (Click here
to see their letter).

In January 2006, 104 constitutional law professors called Mr. Harper’s plan to introduce legislation that is almost certainly unconstitutional “irresponsible” (Click here
to see their open letter).

Following the election, Mr. Harper stated that his government would hold a vote on whether to re-open the equal marriage issue sooner rather than later but not immediately.

It appears there are more MPs who would vote against re-opening than for it, but it is too close to call.