Calgary

Same-sex marriage law passes, Klein reviewing options

The Liberals' controversial same-sex marriage legislation has passed final reading in the House of Commons, sailing through in a 158-133 vote.

The Liberals' controversial same-sex marriage legislation has passed final reading in the House of Commons, sailing through in a 158-133 vote.

Supported by most members of the Liberals, the Bloc Quebecois and the NDP, the legislation passed easily, making Canada only the third country in the world, after the Netherlands and Belgium, to officially recognize same-sex marriage.

It was supported by a small number of Conservatives as well, including Calgary MP Jim Prentice.

Premier Ralph Klein says he will meet with his MLAs Wednesday morning to decide how to continue the province's fight against same-sex marriage.

Same-sex rights in Alberta

1998:
Supreme Court of Canada rules Alberta must include "sexual orientation" in its human rights code, in the case of teacher Delwin Vriend, fired from a college because he was gay.

1999:
Alberta Court of Queen's Bench Justice rules that same-sex couples should be allowed to adopt.
2000:
Premier Ralph Klein's government passes Bill 202, which amends the Marriage Act so that only opposite-sex couples can marry, and invoked the notwithstanding clause so it couldn't be challenged under the Charter.

2002:
Province amends the Intestate Succession Act so that it doesn't discriminate against people in same-sex relationships, after a court challenge.

2002:
Government introduces the Adult Interdependent Relationships Act, which affords rights for any non-married couples, either heterosexual or homosexual, as well as adults living in long-term platonic relationships.
2002:
Alberta Human Rights Commission rules that the province is discriminatory for denying family health benefits to same-sex partners and their children.
2003:
Klein government vows to fight same-sex marriage.
2003:
Two gay couples go to the Human Rights Commission after each is denied a marriage licence in Calgary.
December 2004:
Supreme Court rules the federal government can change the definition of marriage to include same-sex couples; Alberta says it will fight it.
April 2005:
The Marriage Act amendment expires and isn't renewed, after the government decides it would be ruled unconstitutional.
June 2005:
Federal government passes legislation legalizing same-sex marriage.

"We'll have to discuss the options available to us," Klein said. "Ron Stevens, the justice minister, has clearly pointed out that the legal options are very limited."

He said using the notwithstanding clause isn't an option because the definition of marriage is a federal jurisdiction, but says there may be other things they can do.

Conservative MLA Ted Morton has proposed the province withdraw from sanctioning all marriages, instead registering civil unions and leaving marriage to religious orders.

Alberta was one of only two provinces that didn't allow same-sex marriages to be performed before Tuesday's vote.

"It's not just same-sex marriage, it's equal marriage," Mickey Wilson, an Edmonton man who hopes to marry his partner in mid-September, said. "It's equal access under the law.

"Our ability to have the same privilege and right as every other couple in Canada."

The passage of Bill C-38 came with a political price tag for the Liberals. Joe Comuzzi, minister responsible for Northern Ontario, resigned from the cabinet so he could vote against the bill – an open rebuke of the government legislation.

Although he was the only cabinet minister to break ranks with Prime Minister Paul Martin over the controversial plan to legalize the marriage of gays and lesbians, it highlighted the divisions within Canada and within the Liberal party, pitting supporters of equality rights against those who are defending religious freedoms.

The "vote is about the Charter of Rights," said Martin. "We're a nation of minorities and in a nation of minorities you don't cherry-pick rights."

The government has moved over the last few months to appease critics both within Liberal ranks and among Canadians at large. Amendments were introduced to ensure no religious group or charitable organization would be forced to accept same-sex marriage.

But in spite of those amendments some groups remain unconvinced.

Same-sex marriage remains one of the most difficult issues ever to confront Canadian politicians. In large part passage of the bill is the reason the parliamentary session was extended for the first time in 17 years.

But while Tuesday night's vote closes off the debate in the Commons, the Conservatives insist there is no closure for Canadians who believe marriage should continue to be defined as the union of a man and a woman, to the exclusion of all others.

Conservative Leader Stephen Harper says if his party forms the next government, the law will be revisited.

Harper made the promise one day after suggesting the adoption of the law lacked legitimacy because it relied on the support of the separatist Bloc Quebecois. Harper said he believes Bloc MPs are the legitimate representatives of Quebec voters.

But he argues most Canadians aren't buying it as a final decision since most federalist MPs are opposed to same-sex marriage.

Harper says a Conservative government would hold a free vote for all MPs on the matter, rather than forcing cabinet ministers to vote with the government.

The Senate still has to vote on the bill.