Marriage, as defined by the government of Canada, is the union of one man and one woman. For the most part, this definition has persisted without question until the last century. Same-sex marriages have been one of the most controversial issues in politics for the last several decades.
In Canada, this topic has split public opinion and the country’s highest levels of government. Lesbian and gay couples aspire to declare their love and commitment for one another, desire the chance to raise children in a legal and socially recognized family, and demand equality. For the gay and lesbian community, basic human rights have been at the forefront of this ongoing issue.
Last Thursday, U of T Scarborough students had the opportunity to meet with Sisley McWilliams to discuss the debate on same-sex marriages. McWilliams is a volunteer coordinator for gay and lesbian rights for Queer Nation, an activist organization founded in 1990, which has become part of the gay and lesbian zeitgeist. Her visit was presented by EGALE, an organization devoted to the advancement of legal rights for gay, lesbian, bisexual, and transgendered people across Canada.
McWilliams argues that citizens have the right to their opinions regarding homosexual marriage, but no official government policy should be founded on the basis of discriminatory ideas. She believes not a single Canadian should be deprived of access to any recognized institution, especially one as central as marriage.
McWilliams and her supporters have proposed one question to the provincial and federal governments of Canada: is the opposite-sex requirement of marriage for civil purposes consistent with the Canadian Charter of Rights and Freedoms?
According to Section 15 of the Charter, “[e]very individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.” It does not specifically address sexual orientation. Therefore, it would be inaccurate to assume that gay, lesbian, and transgendered persons are not protected under this statute. “The ultimate goal of our opponents is to make it that being queers is not an identity but a behaviour, something the Charter does not protect,” says McWilliams.
Same-sex marriages have been legalized in Ontario and British Columbia, but the remaining provinces and territories continue to be the grounds for struggle. McWilliams and her supporters require either provincial legislation and/or a reference letter from the House of Commons before the issue can be put forth to the Supreme Court of Canada. There the federal government can either support the idea that the denial of the right to marry to same-sex couples is unconstitutional and requires immediate remedy, or invoke the Notwithstanding Clause. This clause allows legislature to enact laws that violate certain rights protected by the Charter, and would make it possible to leave the issue of same-sex marriage in limbo.
In the last federal election, McWilliams and her supporters unanimously agreed to vote in favour of the New Democratic Party for one reason: The NDP is in favour of same-sex marriages and its platform included defending gay, lesbian, and transgender rights.
It may be quite some time before the Federal Government of Canada alters the Charter in favour of legalizing same-sex marriages throughout the country. As the gay community awaits the fate of a much-desired statute, it is apparent that this is an issue that neither side will let rest until a permanent decision is reached.
