Arguments wrap up in same sex marriage case

For the second day in a row, the Regina Courthouse was the scene of a heated debate as the religious rights of marriage commissioners were up against the equality rights of same sex couples.

At the centre of the issue is a controversial legislation which would allow marriage commissioners to refuse marrying same sex couples, based on their religion.

On Thursday the side in favour of the legislation wrapped up their submissions, leaving Friday open for interveners who were opposed to it to finish their arguments.

Official arguments are finished, but a decision is expected to take a lot of deliberation. Five judges will have to sift through all the information into order to make a decision.

The difficulty is there are a lot of passionate opinions associated with the case.

“This law is unconscionable and it doesn’t belong in our society,” said Larry Kowalchuck, an Intervener Opposing the Legislation.

“If you can use your religious belief discriminate against one group, then what’s the difference with using your religious beliefs against another?”

Those who defend the legislation say it is exactly what is needed.

“We feel that is a proposed legislation that allows it to be win-win,” Scott Kennedy said. “It removes some tension in society.”

Kennedy says that same sex couples will still have the chance to get married; there will just be fewer marriage commissioners who would be willing to marry them.

The lawyers on the opposed side say if the legislation is introduced it allows for discrimination. They say it’s not a battle of gay rights, but instead a fight for equality.

“There’s no constitutional right to marry, for heterosexuals or gays and lesbians,” Cynthia Peterson said. “What the charter protects is the right to equality. There’s a constitutional right for gays and lesbians to be treated equally in the process of getting married.”

Another concern raised by several lawyers is how the legislation could affect others if introduced.

So far the case hasn’t had a lot of national attention. Saskatchewan is, however, one of the first provinces to review this kind of legislation. It could set the precedence for other provinces who are waiting to see what conclusion the judges come to.