Posted: July 17, 12:01 a.m. EDT/+5GMT/-3PDT

(Toronto) Ontario premier Ernie Eves says the government it will not appeal a court ruling that it must recognize gay and lesbian marriages. 

Friday, in a landmark decision, three Ontario Superior Court judges said that by denying gays and lesbians the right to marry was "creating second class citizens."

Asked about a potential appeal, Eves said Tuesday, it's up to gay couples to decide if they want to get married.

"If two people decide that they want to be in a union, why would I interfere with that?" said Eves.

The court gave the federal government to legalize gay marriage.

Marriage is a federal responsibility but it is up to the provinces to register marriages.

Ontario found itself in court when it refused to register the marriages of two couples who were united in a ceremony last January in Toronto's Metropolitan Community Church.  At the time, the province said it was bound by federal law and could not register the marriages.

Going into a cabinet meeting Tuesday, Ontario Attorney General David Young told reporters the province's only involvement in the case was to argue that the issue is one of federal jurisdiction.

"We took the position of who can marry is ... exclusively in the domain of the federal government," Young said.

It will now be up to the federal government to decide if it wants to appeal alone to the Supreme Court.  Ottawa has not said what it intends to do.

Eves called on the government to abandon any consideration of appealing the decision and enact legislation to make gay marriages legal. 

"We'll just be urging the federal government to get on with what the court has decided and to do something about the issue so that all provinces, not just ourselves, can follow suit," Eves said.

The premier also criticized the Alberta government for threatening to use the notwithstanding clause in the Constitution to prevent any laws accepting gay marriage from being enforced on the province.

©365Gay.com Ltd® 2002

Ottawa May Become Second Canadian Anglican Diocese To Perform Gay Unions
by Ben Thompson
365Gay.com National Editor

Posted: July 17, 12:01 a.m. EDT/+5GMT/-3PDT

(Ottawa) Ottawa could become the second Anglican diocese in Canada to bless gay and lesbian unions.  A motion to permit the ceremonies will be presented to the Synod meeting in October.

The Rev Canon Garth Bulmer, of St John the Evangelist church in Ottawa says his motion is similar to one passed last month in British Columbia.

If the motion passes, it would be up to to the bishop to decide whether to implement it.

The motion simply states: "Be it resolved that this synod of the Diocese of Ottawa ask the Bishop of Ottawa to authorize requesting parishes to bless same sex unions."

It would allow those churches which want to perform the ceremonies to do so, and at the same allow priests opposed to the unions to decline performing the rite.

The Church of St John, in downtown Ottawa, seven years ago declared the parish to be open to and affirming of gays and lesbians.

The issue of gay unions has divided the worldwide Anglican church.  Earlier this month, the Archbishop of Canterbury, George Carey, declared that " homosexual relationships are incompatible with the Bible." 

In a letter sent to Anglican bishops worldwide, Carey warned parishes not to act alone in endorsing gay and lesbian relationships.

©365Gay.com Ltd® 2002

Alberta Says Never To Gay Marriage
by Rich Peters
365Gay.com Newscenter, Western Bureau Chief

Posted: July 16, 5:43 p.m. EDT/+5GMT/-3PDT

(Edmonton)  The Alberta legislature has passed legislation that would ban gays and lesbians from marrying, and the government says it will use the notwithstanding clause in the Constitution to prevent the federal government from imposing same-sex marriage on the province.

Tory member of the Alberta legislature introduced a private member's bill banning same-sex marriages in Alberta. 

Victor Doerksen's bill defines marriage as exclusively between a man and a woman.

The bill passed, but without the support of Alberta Justice Minister David Hancock. Hancock said the bill would be moot even if Ottawa passed legislation granting gays and lesbians the right to marry.  He told reporters that the province was prepared to invoke the notwithstanding clause.

The clause, a little used section of the Constitution, allows provinces, under special circumstances, to disregard federal laws, even if those laws are ruled constitutional by the Supreme Court.  The province had threatened to use it a a number of years ago when Ottawa passed equal rights protections for gays but later recanted.

Last week three justices of the Ontario Divisional Court ruled that province must recognize gay marriage in a case that is likely to wind up in the Supreme Court of Canada, along with similar cases in British Columbia and Quebec.

Marriage is a federal responsibility but family law is up to provinces.  If the Supreme Court rules in favour of same-sex marriage, parliament would be forced to act accordingly.

One constitutional lawyer says Alberta could not thwart federal law.

"They cannot take their shield, the notwithstanding provision, and turn it into a sword or a tool, an instrument of lawmaking power. It doesn't give them authority to make a law about marriage," said June Ross.

She says they can't opt out of any marriage law just as they couldn't opt out of federal gun control laws.

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