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Thursday, December 16, 2004

CANADIAN OFFICIALS CAN CHOOSE WHETHER TO PERFORM SSM: From the Winnipeg Sun

Ottawa is setting itself up for a jurisdictional battle by saying it won't force civic officials to perform gay marriages if it's against their religious beliefs, says a University of Manitoba law professor. Karen Busby said Ottawa can only decide who can legally marry. The rest is up to the provinces.

"The federal government has no jurisdiction over the question of who can perform a marriage ceremony," Busby said yesterday. "That's the exclusive jurisdiction of the provinces."

Federal Justice Minister Irwin Cotler yesterday said the recent landmark Supreme Court ruling on same-sex marriages recognizes that equality rights should not infringe on religious rights. ...

Marriage commissioners in Manitoba are required to perform same-sex marriages. If commissioners refuse, they are asked to resign. Churches are not required to perform the marriages. ...

Conservative justice critic Vic Toews was critical of Cotler for announcing he would not force civic officials to perform same-sex marriages without explaining how he'll enforce such a policy.

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