FACT SHEET: RELIGIOUS FREEDOM

“State compulsion on religious officials to perform same-sex marriages contrary to their religious beliefs would violate the guarantee of freedom of religion under s. 2(a) of the Charter."
Supreme Court of Canada, Marriage Reference, December 9, 2004


RELIGIOUS MARRIAGE IS UNAFFECTED BY THE GOVERNMENT'S LEGISLATION

The government’s equal marriage legislation deals with civil marriage. It does not affect religious marriage. The rules for religious marriage have always been different than the rules for civil marriage. This reflects the separation of church and state.


NO CLERGY OR RELIGION WILL BE REQUIRED TO MARRY SAME-SEX COUPLES

Religious officials have always been free to set their own rules for religious marriage. Some have chosen not to perform inter-faith marriages or to marry divorced persons. Their right to do so is clear, and is protected by the Charter.

People simply don’t sue religious organizations to get them to change their religious doctrines. It’s never happened. They would get nowhere. In the past that has been clear. With the recent Supreme Court ruling it is now undeniable.

The Supreme Court explicitly said religious officials cannot be compelled to perform civil or religious same-sex marriages that go against their religious beliefs. It also said the Charter protects against “the compulsory use of sacred places for the celebration of such marriages” or being “compelled to otherwise assist in the celebration of same-sex marriages.” Charitable tax status is clearly protected.


MANY RELIGIONS WANT THE RIGHT TO MARRY SAME-SEX COUPLES

The United Church, Unitarians, Quakers, the Metropolitan Community Churches, many Jewish rabbis and some Buddhist traditions all want to marry same-sex couples.

Allowing religions to legally marry same-sex couples enhances their religious freedom.

Those religions that want to marry same-sex couples can do so. Those religions that don’t want to marry same-sex couples don’t have to.


For more info: www.equal-marriage.ca