Province giving up on same-sex fight

The Saskatchewan Party government is telling marriage commissioners they are obliged to wed same-sex couples, one week after the Court of Appeal ruled it unconstitutional for commissioners to refuse services on religious grounds.

Justice Minister Don Morgan said the province initially thought there might still be a way of accommodating commissioners opposed to gay marriage, but found no "workable options" and has accepted the court decision.

"We looked at the decision carefully when it came down and the decision was very clear and unequivocal," Morgan said.

Marriage commissioners are being informed by letter they need to comply with the ruling and risk having their appointment terminated if they don’t.

"We’re not going around looking for people to sign an undertaking that they’ll comply, anymore than you would have an undertaking that you’re not going to speed on a road," Morgan said.

"In this case, if you don’t comply and it’s brought to our attention, then we would certainly take steps to deal with it."

The Court of Appeal was asked by the province to give an opinion on proposed legislative amendments that would exempt marriage commissioners from conducting same-sex marriages due to their religious beliefs. In a unanimous decision released Jan. 10, the court said allowing the exemption "would undercut the fundamental principle that government services must be provided to all members of the public on an impartial and non-discriminatory basis."

The written decision also briefly referred to the idea of a single-entry point system, whereby a couple seeking a civil marriage would contact a central government office instead of directly calling marriage commissioners. The court heard during arguments last year that such a system exists in at least some parts of Ontario.

Morgan said adopting that approach here would effectively terminate commissioners — there are nearly 400 in Saskatchewan — and transfer the work to full-time civil servants.

"Our court suggested that even if we did that, that may not stand up to court scrutiny in any event," Morgan said.

Larry Bjerland, one of the commissioners who had urged the province to allow an exemption, said he remains unwilling to marry same-sex partners even if it means losing his appointment.

"When my time comes, and I’m 73 now, I want to be able to look the Lord in the face and know that I did as he requested," said Bjerland, of Rose Valley.

"I don’t intend to quit," he said. "They’ll have to fire me."

But Donna Smith of the Saskatchewan Federation of Labour’s solidarity and pride committee applauded the provincial government’s decision to accept the ruling.

"It caused me some concern that they needed to take this long to consider a unanimous decision, but they’ve obviously come to a good conclusion, in my perspective," Smith said.

"This has no bearing on religious institutions. It’s about discrimination against same-sex couples that want to get married through the only option that they have, through a civil ceremony."

Had the government pursued a single-entry point system for civil marriages, it would still be allowing people to discriminate, but behind closed doors, said Cory Oxelgren, president of the Gay and Lesbian Community of Regina.

"I don’t think that really is a solution," Oxelgren said.

Others expressed dismay the issue won’t be appealed, including Cypress Hills-Grassland MP David Anderson. In a news release, the federal politician said he is "very disappointed" the provincial government is not challenging the decision.

"No person who has an active faith perspective keeps that as ‘private’ and separate from all other areas of their life. The idea is laughable — to live with one set of beliefs and to act in a way contrary to them has a name in our society — hypocrite," said Anderson in a statement.

Tom Schuck, the lawyer for the Christian Legal Fellowship, one of the interveners in the case, said he could not understand the government’s decision to do nothing except that it had been motivated by "fear" of the "mainstream media."

"I think it’s the end of freedom of religion and conscience under the charter to start firing people," said Schuck, who said the government should have used the notwithstanding clause of the Constitution to allow marriage commissioners not to perform same-sex marriages.