Canadian Supreme Court declares same-sex marriage constitutional

CANADA'S Supreme Court said yesterday that proposed legislation allowing gay marriage is constitutional, but the government cannot force religious officials to perform unions against their beliefs.

The Liberal government had sought the court's opinion, which is strictly advisory, as the House of Commons determines whether to legalise gay marriage at a federal level. Judges in six provinces and one territory have already allowed same-sex marriage.

Canada would join Belgium and the Netherlands in allowing gay marriage if the law is passed.

"Several centuries ago, it would have been understood that marriage be available only to opposite-sex couples," the court said in its opinion. "The recognition of same-sex marriage in several Canadian jurisdictions as well as two European countries belies the assertion that the same is true today."

The legislation is expected to be introduced early next year. The federal Conservatives and some Liberal MPs were expected to wage a bitter battle to limit marriage to heterosexuals.

The gay marriage law needs the backing of at least 155 legislators in the 308-seat House of Commons to pass. It has the backing of the 38 Liberal Cabinet members and is believed to be supported by nearly all legislators in the Bloc Quebecois and New Democrat parties, which have 54 and 19 seats.

Public opinion is evenly divided on the matter, and both sides are preparing for the next phase of the battle. "This is a victory for Canadian values," said Alexander Munster of Canadians for Equal Marriage.

Gordon Young, pastor of the First Assembly of God Church in St. John's, Newfoundland, was disappointed. "It's a sad day for our country. God is in the DNA of this nation. We believe that changing the definition of marriage is changing the divine institution that God put in place for the order of our society."

The Liberal government had asked the court to consider whether the federal government has the authority to define marriage, meant as a pre-emptive strike against provincial attempts to overturn a gay marriage law that might be passed. It also asked the court to consider whether religious groups must perform gay weddings and whether the proposed law is constitutional.

Also yesterday, New Zealand's parliament approved a bill that recognises civil unions between unmarried gay and straight couples, but stops short of legalising same-sex marriages.