GLBT and the equal marriage movement
The
emergence of GLBT activism within the trade union movement
became visible in the 1970s.
In 1994, the
PSAC became one of the first unions to recognize the
links between the struggle for workers’ rights
and GLBT rights with the adoption of PSAC Policy 31
on sexual orientation.
The PSAC continues
to fight for the extension of benefits to same-sex couples
where they are not recognized, broadening the definition
of “spouse” through bargaining. PSAC has
made Spousal Union Leave a priority at the bargaining
table.
The first
National Pride Conference was held in Montreal in November,
2003. The PSAC also encourages the establishment of
Regional Human Rights’ Committees to mobilize
on specific regional and workplace issues. The Pride
Report will be available in the near future on the PSAC
website or through your regional office.
In her address
to Pride delegates, National President Nycole Turmel
specifically focused upon same-sex marriage. “Gays
and lesbians should have access to civil marriage –
it’s an issue of fundamental equality” she
said. The PSAC has made a strong commitment to step
up the fight and to make same-sex marriage an election
issue in the upcoming federal election.
A
short history of Pride and the equal marriage movement
Many identify the Stonewall Riots as the beginning of
LGBT community organization in North America. In 1969,
tired of police harassment, the patrons of the Stonewall
bar in New York City, led by a handful of drag queens
and transgendered people, rose up in protest at the
arrests and humiliation. Political activity was sparked
by the event, and the first organized Pride march was
planned the year following by the Christopher Street
Liberation Day Committee to remember the Stonewall riots.
From that first march in 1970, the visibility of the
GLBT movement has increased dramatically. Many milestones
in the history of GLBT acceptance have occurred in and
around Pride marches: the Anita Bryant protest, AIDS
awareness, and demonstrations for same-sex relationship
recognition. In Canada, protests around police raids
on gay bathhouses in the 1980s are considered by many
to mark the Canadian equivalent of Stonewall.
On April 1, 2001, The Netherlands became the first country
in the world to legalize marriage for gays and lesbians.
Although many countries have begun introducing Registered
Domestic Partnerships (RDPs) for gay and lesbian couples,
there are only three countries that offer marriage to
same sex couples: the Netherlands, Belgium, and Canada
(in the provinces of Ontario, British Columbia and Quebec).
For more information
and a detailed timeline of the equal marriage movement
in Canada , please see the Equal Marriage for Same Sex
Couples website at http://www.equalmarriage.ca
or http://www.samesexmarriage.ca
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FAQ on equal marriage
in Canada
Does equal marriage apply across Canada?
In theory, yes! In practice, the situation is unclear
everywhere except Ontario and B.C. The federal government
controls who can marry; the provinces regulate the technical
requirements such as who can perform the ceremony and
how the deed is registered. A Parliamentary solution
or a Supreme Court ruling will be required before we
have equal marriage across Canada.
Courts have said that access to civil marriage for same-sex
couples is a matter of equality, and denial of that
access is discrimination.
What was the
federal government’s response to the courts’
rulings?
On June 17,
2003, the federal government proposed legislation to
extend civil marriage to same-sex couples, and to affirm
protection of the right of religions to marry couples
only in accordance with the dictates of their faith.
It referred the draft legislation to the Supreme Court
(the “Reference”) to ensure that it will
have effect across Canada and to reassure Canadians
that it will have no effect on religious freedom to
marry or not to marry same-sex couples. The Supreme
Court hearing is scheduled for October 6, 7 and 8, 2004.
What
are the four Reference Questions?
-
Is the draft bill within the exclusive legislative
authority of the Parliament of Canada?
-
Is the section of the draft bill that extends
capacity to marry to persons of the same sex consistent
with the Canadian Charter of Rights and Freedoms?
-
Does the freedom of religion guaranteed by the
Charter protect religious officials from being compelled
to perform a marriage between two persons of the
same sex that is contrary to their religious beliefs?
-
Is the opposite-sex requirement for marriage for
civil purposes consistent with the Canadian Charter
of Rights and Freedoms?
What
alternatives are there to permitting
same-sex couples to access civil marriage?
Some opponents
are suggesting that either an alternative partnership
registry be set up for same-sex couples or that the
government “get out of the marriage business”
and leave marriage to religious institutions.
Setting up
an alternative partnership registry for same-sex couples
is, as noted by the courts, a version of the “separate
but equal” doctrine used to justify racial segregation
in the United States. It would send the message that
there’s something wrong with same-sex couples
and with all LGBT persons.
“Getting
out of the marriage business” means abolishing
civil marriage. Instead of guaranteeing rights, this
would take away rights. It would mean that heterosexual
couples who do not want or cannot get a religious marriage
would not be able to marry. They would only be able
to register their partnerships. These registrations
may not be recognized internationally.
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When
will the Equal Marriage Legislation be introduced?
Paul Martin
has stated his government would introduce the equal
marriage legislation immediately following the decision
of the Supreme Court in the Reference. That means the
government would introduce the equal marriage legislation
sometime in 2005 or early 2006.
There will
undoubtedly be attempts by MPs opposing the legislation
both to defeat it outright and to amend it to create
a ‘separate but equal’ civil union scheme.
Whether opponents are successful will depend in large
part on the outcome of the federal election.
Were Stephen
Harper to be elected Prime Minister, he has stated he
will cancel the Reference and would not introduce equal
marriage legislation.
(Source EGALE
Canada).
Questions
for canadidates and track record
Do you want
to know what are the positions of the federal parties
on same-sex marriage rights? Do you want to know how
your Member of Parliament (MP) voted on these issues?
You can find
out about the federal parties’ positions by picking
up the PSAC “Your Guide to the Federal Election”
tabloid available at your Regional Office or on the
PSAC website.
You can also
access information about the federal parties’
positions on the Canadians for Equal Marriage website
at www.equal-marriage.ca
You can also
find out how each MP voted on same sex issues prior
to the elections by accessing the EGALE Canada website
at www.egale.ca. This
website provides information about how your MP voted
on Bill C-250 which amended the Criminal Code to provide
more severe penalties for hate speech and hate literature
against gays and lesbians. As well, there is information
about whether your MP supported the Canadian Alliance
motion to define marriage in exclusively opposite-sex
terms.
What questions should you ask federal candidates during
the elections on the issue of same-sex marriage rights?
-
What have you or your
party done, to combat discrimination against gay,
lesbian, bi-sexual and transgender people?
-
Will you actively support
equal marriage for same-sex couples?
-
Will you vote in favour of the proposed equal
marriage legislation?
-
If there is a proposal to change the legislation
to deny same-sex couples use of the word “marriage”,
will you oppose that change?
A
Bill on same-sex marriage
The concept
of marriage has changed and evolved over time from an
institution rooted in obligation, property and male
control to a chosen institution based on companionship,
love and equal partnership. Heterosexual couples marry
for many reasons, which can also be applied to same
sex couples, but the word “marriage” marks
a relationship that is honoured and valued while terms
like "civil union" and "common law partnership"
are merely legal terms.
In 2002, the former Minister of Justice introduced a
bill that would allow the definition of marriage to
include gay and lesbian unions while also protecting
religious freedom. This bill is consistent with court
decisions in Ontario, B.C. and Quebec which have determined
that same-sex couples have the right to choose to marry
and that prohibiting them of this right is contrary
to the Canadian Charter of Rights and Freedoms.
We need to work hard to make sure this bill passes in
its current form. Today, the main threat comes from
Prime Minister Paul Martin and Justice Minister Irwin
Cotler. Martin has never stated an unambiguous position
on same-sex marriage, and there are less supporters
in his Cabinet than the previous one. Cotler has recently
appealed a related court ruling on same-sex benefits.
The effect of this appeal is to victimize some of the
most vulnerable people in Canada – poor and widowed
senior citizens who have been denied CPP benefits (though
they have paid for it all their lives) because they
are in same-sex relationships.
No one can know whether this bill will pass, but what
is certain is that we cannot take progress in human
rights for granted. We must not give up until we have
built the society of dignity and inclusion that we all
envision.
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What can you do?
-
Visit, phone, write and email your MP, Paul Martin
and Irwin Cotler, urging them to support the Charter
of Rights and show leadership by immediately legislating
same-sex marriage across the country.
-
Support organizations advocating for same-sex
marriage rights.
-
Organize an event in support of equal marriage
rights (e.g. conferences, panel discussions, rallies,
etc.).
-
Vote for politicians who support human rights.
-
Talk to friends and family about equal marriage
rights for same-sex couples.
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