SSM AND RELIGIOUS FREEDOM IN CANADA: Janet Epp Buckingham
...However the Supreme Court rules on the current reference case, governments will inevitably feel tempted to dictate to clergy who they must marry -- for there is actually little separation between Church and State when it comes to marriage. Over 75% of marriages are solemnized by clergy in Canada and all of these are recognized civilly. Every minister of religion who solemnizes marriage must be licensed by and register the marriage with the provincial government.
In Ontario, 98% of marriages are religious while only 80% of the population admits a religious affiliation. To the devout, marriage is clearly seen as a religious institution. But to the government, it is a service the clergy provide to the broader community. Since clerics already marry couples that are not church members, how will they defend themselves from a human rights complaint if they refuse to solemnize a same-sex wedding?
And what about judges and marriage commissioners who solemnize civil marriages? Do they not also deserve the full protection of the Charter? Just because someone is not a religious official does not mean they should be obliged to perform a marriage whose nature offends their beliefs. Yet last March, British Columbia marriage commissioners were told to resign if they objected to same-sex marriages. This issue will soon arise in Ontario as municipal clerks have now been licensed to solemnize marriages.
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