wfn.org | UNITED CHURCH INTERVENES IN SUPREME COURT ON SAME-SEX MARRIAGE

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

For Release			Wednesday, October 6, 2004

UNITED CHURCH INTERVENES IN
SUPREME COURT ON SAME-SEX MARRIAGE

"Marriage is a blessing, which should be available to all." (United
Church factum)

Toronto: Canada's largest Protestant denomination, The United Church of
Canada, appeared before the Supreme Court of Canada today, speaking 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 the General Secretary of the General Council,
the Rev. Dr. Jim Sinclair.

Sinclair 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.

He explains that while the United Church unequivocally supports the
rights 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 Sinclair.

In its submission to the court, the United Church explains that while
marriage is not a sacrament in the United Church, the United Church does
place an extremely high value on the seriousness of the vows made in the
presence of God and witnesses. Marriage is seen as a union in which the
covenant between God and humanity is mutually expressed and experienced.

"Theologically and liturgically, the United Church understands both
opposite-sex and same-sex couples as sharing the same human dignity of
being made in the image of God. There is therefore no theological
impediment that would prevent same-sex couples from participating in
this union, which is one of the fullest expressions of the covenant
between God and humanity. To the contrary, excluding same-sex couples
from this expression of the covenant relationship undermines their basic
human dignity."

The United Church's factum also draws a clear distinction between civil
marriage and religious marriage.

"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. 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 is not infringed by the
proposed legislation. 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 Sinclair. "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 factum also argues that the protection for
conscientious objection to performing same-sex marriages, which is
provided by the Canadian Charter of Rights and Freedoms and is affirmed
in the proposed legislation, does not conflict with the right of
same-sex couples to marry.

"The enactment of the proposed legislation means 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. It does not deprive same-sex
couples of their right to civil marriage."

Sinclair comments that the United Church believes that opposition to
same-sex families based upon religious, moral and social dimensions is
not the only approach that people of faith can bring to the issues in
this appeal to the Supreme Court. He adds that it is the United Church's
view that a commitment to equality for all people, regardless of sexual
orientation, can grow out of religious faith.

The United Church's factum to the Supreme Court also notes that the
societal significance of marriage cannot be overemphasized.

"Marriage is a benchmark by which Canadian society names the everyday
development of love and intimacy between a couple. For many people,
marriage ritualizes the sanctity of love through the very means by which
people convert houses into homes, food into customs of community, and
sex into love. Restricting the definition of marriage to opposite-sex
couples questions the capacity of gays and lesbians to develop love and
intimacy, undermining their human dignity and reinforcing prejudicial
attitudes and even promoting violence."

In conclusion the United Church's factum states:

"The issue of same-sex marriage must be resolved in a civil, religious
and moral context of respect for differing positions, with integrity,
thereby leading to principled decisions based on a commitment to justice
and law for all. Such decisions result in a more inclusive community,
where healing of past divisions can occur, and where the total community
becomes healthier and more enriched."

For further information, please contact:
Mary-Frances Denis
Communications Officer
The United Church of Canada
416-231-7680 ext. 2016 (business)
416-766-0057 (residence)

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