 Sask. expecting judicial advice on same-sex marriage lawsProvincial Politics | 206906 hits | Jan 10 8:32 am | Posted by: wildrosegirl  Saskatchewan's top court is expected to issue its decision Monday whether proposed legislation that would allow officiants to refuse to perform same-sex marriages on religious grounds violates the constitution.Commentsview comments in forum Page 1 You need to be a member of CKA and be logged into the site, to comment on news. |
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Last Updated: Monday, January 10, 2011 | 10:49 AM CST Comments49Recommend35.
CBC News
Saskatchewan's highest court has ruled that marriage commissioners who are public servants cannot refuse to marry same-sex couples.
The decision by the Saskatchewan Court of Appeal rejects two proposals from the provincial government that would allow some or all marriage commissioners to refuse to perform a service involving gay or lesbian partners if it offended their religious beliefs.
The government proposed that marriage commissioners who were employed before the law changed in 2004 could refuse to perform the services. It also proposed a second option where all marriage commissioners could refuse.
The court of appeal said the proposals were "contrary to fundamental principles of equality in a democratic society" and rejected both options.
"Both of the possible amendments offend the Canadian Charter of Rights and Freedoms. Either of them, if enacted, would violate the equality rights of gay and lesbian individuals," the court said in the 74-page ruling.
Read more: http://www.cbc.ca/canada/saskatchewan/s ... z1AeaOt7ps
Sanity... finally.
So will priests and pastors be required to perform gay marriages?
Well as this Saskatchewan FAQ page on marriage says that Clergy or marriage commissioners may marry two people, and this ruling seemps to apply only to marriage commissioners, my guess is no, this probably will not require priests and pastors (clergy) to perform same-sex marriages. This probably stems from the fact that clergy perform the service in a religious capacity, whereas marriage commissioners perform the service in a public service capacity.
So will priests and pastors be required to perform gay marriages?
No and that has nothing to do with the ruling.
The ruling is that government employees, like a marriage commisioner, are required to do their job regardless of their personal feelings.
Kinda like a solider who says I don't want to kill say Afghans because it's against their moral conviction to kill Afhgans but they want to be a soldier.