wfn.org | UCC Welcomes Canadian Supreme Court Same-sex Ruling

[Worldwide Faith News <wfn@igc.org>]

For Immediate Release -- Thursday, December 9, 2004

SUPREME COURT RULING BALANCES EQUALITY AND RELIGIOUS FREEDOM

The United Church of Canada says the Supreme Court's ruling on same-sex
marriage is a positive step towards justice

Toronto:

	Canada's largest Protestant denomination, The United
Church of Canada, said today that it welcomes the Supreme Court ruling
on the government's proposed same-sex marriage legislation.

In its submission presented last October to the Supreme Court of Canada,
the United Church spoke in support of the right of same-sex couples to
be legally married, and also in support of the right of religious
officials and congregations to decide for themselves whether they will
make religious marriage services available to same-sex couples.

"A significant, unique contribution that the United Church brings to
this debate is the denomination's own experience of making same-sex
marriage ceremonies available to its members and, at the same time,
respecting the right of those within the denomination who are opposed to
such services," explains Choice Okoro, the United Church's program
officer for human rights.

Okoro says this is possible because within the United Church, decisions
about whether to make marriage services available to same-sex couples
must be made on a congregation-by-congregation basis as part of the
establishment of each congregation's marriage policy.

She explains that while the United Church unequivocally supports the
right of same-sex couples to have access to civil marriage, it also
unequivocally supports the right of religious communities to refuse to
perform such marriages.

"The United Church believes that equality and religious freedom can live
side by side, supporting each other and building a stronger society,"
says Okoro.

"Religious marriage is not, and cannot be, affected by the proposed
legislation. All religious communities in Canada, whatever their views
on same-sex marriage, have the absolute right to determine for
themselves who will be eligible for religious marriage within their
communities," explains Okoro. She adds that this includes the right to
determine whether the community will offer religious marriages to
interfaith couples, to divorced couples, or to couples who are not
members of the community.

The United Church also maintains that the religious freedom of religious
communities who object to same-sex marriage will not be infringed by the
proposed legislation because they cannot be compelled to offer marriages
which violate their religious beliefs.

"The mere fact that civil marriage is available to same-sex couples does
not constitute an attack on the religious beliefs of those who are
opposed to same-sex unions," explains Okoro. "More importantly, the
United Church does not believe that the faith stance of a community
which supports same-sex marriage undermines the faith stance of a
community that does not."

The United Church believes that the protection for conscientious
objection to performing same-sex marriages, which is provided by the
Canadian Charter of Rights and Freedoms and affirmed in the proposed
legislation, does not conflict with the right of same-sex couples to
marry.

Okoro also says that the enactment of the proposed legislation will mean
that same-sex couples will be able to obtain civil marriage on demand.
"While they may not be able to obtain religious marriage on demand,
depending on the views of the particular congregation, that is also the
case of many other couples, such as interfaith couples."

The United Church of Canada has long supported the civil recognition of
same-sex partnerships. In August 2000, the 37th General Council affirmed
that human sexual orientations, whether heterosexual or homosexual, are
a gift from God and part of the marvellous diversity of creation. The
Council further resolved to advocate for the civil recognition of
same-sex partnerships. In August 2003, the 38th General Council decided
"to call upon the Government of Canada to recognize same-sex marriages
in marriage legislation."

For further information
or to arrange media interviews,
please contact:

Mary-Frances Denis
Communications Officer
The United Church of Canada
416-231-7680 ext. 2016 (business)

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