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Religious Opposition to Same-Sex Marriage in Canada: Limits to Multiculturalism

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Abstract

The case of the opposition to legalizing same-sex marriage in Canada is an example of the limits of what will and will not be tolerated in the name of multiculturalism. This case offers an interesting perspective on the topic of multiculturalism, because it deals with a conflict between those seeking to expand human rights and those seeking to prevent such expansion because of their adherence to a particular set of cultural and religious beliefs. Despite Canada’s commitment to recognizing and encouraging diversity within its population, the demands of the opponents of same-sex marriage were not accommodated. Heeding the opponents of same-sex marriage would have amounted to violating the deeper commitment to individual rights and human rights as interpreted by the Charter. Multiculturalism in Canada is a concept that is situated within an underlying adherence to these core values.

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Notes

  1. For the purpose of this essay, the term “gay rights” will be used to refer to lesbian and gay rights.

  2. Prior to 1962, Canadian immigration law restricted the entry of immigrants based on race. Afterwards, immigrants were assessed using a point-based system which evaluated the educational and professional achievements of applicants (Kallen 1995).

  3. Canadian Multiculturalism Act (1985, c. 24 (4th Supp.))

  4. Canadian Multiculturalism Act

  5. Canadian Multiculturalism Act

  6. “In depth: Quebec Kirpan Case.” CBC News 2 March 2006, http://www.cbc.ca (accessed 9 May 2006).

  7. Clergy reserves were sections of land that were allotted to the church in order to support it financially. With the abolishment of the clergy reserves, the government abandoned any responsibility to provide for religious leaders.

  8. The supporting data for this statement are from Statistics Canada 1993.

  9. Canadian Charter of Rights and Freedoms

  10. American Bill of Rights, Article 3, Amendment 1

  11. British North America Act, 1867

  12. The first section of the Constitution Act, 1982, is the Canadian Charter of Rights and Freedoms, which will be referred to as “the Charter” throughout this essay.

  13. At the time Canada legalized same-sex marriage, Belgium, the Netherlands, and Spain had already legalized same-sex marriage, although there were other countries, such as Britain, that had allowed civil unions for same-sex couples while reserving ‘marriage’ for heterosexual couples. See: Smith (2002, p. 328, 2005, p. 328).

  14. The Canadian Human Rights Act differs from the Canadian Charter of Rights and Freedoms in that unlike the Charter, it is not constitutional legislation. Also, the Act was passed before the Charter was.

  15. Canadian Charter of Rights and Freedoms

  16. “[EGALE is] a Charter-focused, equality-seeking organization [that] developed into a stable mobilizing structure for the lesbian and gay movement [and] by the late nineties [it] played a key role in deploying the Charter as a political resource to mount lesbian and gay equality rights claims” (Smith 2002, p. 347).

  17. The Halpern case involved eight same-sex couples who had been married by the Metropolitan Community Church in Toronto and sought to have these ceremonies legally recognized.

  18. The Civil Marriage Act (2005, c. 33)

  19. The Globe and Mail is a national newspaper based out of Toronto, Ontario.

  20. This issue will be discussed in more detail in the next section of this paper (Aly 2005).

  21. “Declaration on Marriage,” 9 November 2006, www.evangelicalfellowship.ca (accessed 7 December 2006).

  22. The Institute of Marriage and Family Canada, www.imfcanada.org (accessed 22 March 2006).

  23. “About CFAC,” http://www.familyaction.org/about.htm (accessed 21 March 2006).

  24. Catechism of the Catholic Church, no. 2357, http://www.vatican.va/archive/ccc_css/archive/catechism (accessed 22 March 2006)

  25. Catechism of the Catholic Church, no. 2357

  26. Catholic Civil Rights League, “Presentation from the Catholic Civil Rights League to the Senate Committee on Legal and Constitutional Affairs,” 12 July 2005.

  27. Canadian Multiculturalism Act

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Acknowledgements

Thank you to Dr. Rhoda Howard-Hassmann and Michael Lisetto-Smith for their support, guidance and contribution of research materials.

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  1. Wilfrid Laurier University, 75 University Ave. W., Waterloo, Ontario, N2L 3C5, Canada

    Laura Reidel

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Reidel, L. Religious Opposition to Same-Sex Marriage in Canada: Limits to Multiculturalism. Hum Rights Rev 10, 261–281 (2009). https://doi.org/10.1007/s12142-008-0079-x

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