Subscribe to Breaking News
Loading ...Canadian province sued over gay marriage rule
11.26.2008 8:00am EST
(Prince Albert, Saskatchewan) A marriage commissioner is suing the Saskatchewan government after being fined $2,500 for refusing to marry a gay couple.
A Saskatchewan human rights tribunal cited Orville Nichols for discrimination in May for refusing to perform the same-sex marriage.Nichols told the tribunal last year that he refused to marry the couple in 2005 because it went against his Baptist faith.
Philip Fourie, Nichols’ lawyer, said the lawsuit demands the province give marriage commissioners the legal right to not perform same-sex marriages if it conflicts with their religious beliefs.
“This is clearly a horrible violation of Charter rights,” he said in a news release.
“This problem can be easily fixed by simply allowing the commissioners a right to decline and pass on the ceremony request to another commissioner.”
Saskatchewan Justice Minister Don Morgan said the tribunal’s ruling is binding on the province.
He said commissioners unhappy about the law have the option of turning in their licenses to perform civil marriages.
“We have sent a letter to all of the civil marriage commissioners indicating to them that it is an option to them to surrender their civil marriage certificate and to obtain a religious one if they wish to affiliate themselves with one of the churches,” Morgan said.
The case is to be heard in Prince Albert on Dec. 23.
During the tribunal hearing into the case, Nichols said he was contacted in 2005 by a gay man about performing a wedding.
The gay man, who can only be identified as M.J. because of a publication ban, found Nichols’ name on a list of marriage commissioners in Regina.
Same-sex marriage was made legal in Saskatchewan in November 2004. Marriage commissioners, who are appointed and licensed by the province to perform civil ceremonies, were told to provide the service.
Nichols, who has been a marriage commissioner since 1983, testified that he told the couple he would not marry them because it went against his religious beliefs.
He then referred the couple to a marriage commissioner who would perform the ceremony.
The tribunal said in its ruling in May that Nichols was acting as a public servant when he performed marriages and so was obligated to marry the gay couple because same-sex unions are permitted by law in Canada.
Fourie chided Premier Brad Wall and Morgan for being critical of the former NDP government on same-sex marriage and promising to stick up for the rights of marriage commissioners.
“The government promised to be different but they are not acting any differently at all on this issue,” he said.
“The pendulum has swung too far in favor of same-sex people and against people of faith.”
THE COMMENTS LEFT BY BUD BURGOON-CLARK I REALLY FIND INSULTING. HE INSULTS MY RELIGION OF WICCA BY CALLING PAGENS A “PAGEN FERTILITY CULT”. I HATE TO INFORM HIM OF THIS BUT PAGENS HAVE NO AND I MEAN NO RULES, LAWS OR ANYTHING AGAINST THE LGBT COMMUNITY. IF ANYTHING WE ARE MORE FOR THE LGBT COMMUNITY AS TO THE FACT THAT WE ACKNOWLEDGE BOTH THE MALE AND FEMALE GODS. AND ALSO WE ARE A RECOGNIZED RELIGION BY THE US GOVERNMENT. IF YOU DON’T BELIEVE THAT THEN WHY DID THE VA CHOOSE NOT TO FIGHT A LAWSUIT AGAINST THEM TO GET A PENTAGRAM FOR SGT. PATRICK STEWART PUT ON HIS MARKER. I AM SORRY IF I AM YELLING BET THIS STATEMENT JUST REALLY PISSED ME OFF. THANK YOU
I am trying to get provinces and states to form a new country out of N. America over gay marriage. This will require closer ties with Islamic states, Russia, 3rd world and China leaving liberal Canada, US, and the EU in their gay sphere. With the California government refusing to enforce Prop 8, judge recall, new state, and country will be required then probably war. This is the only way to the gays.
Who does this marriage commissioner think he is? If he doesn’t want to perform the job for which he is being paid, he should quit. If I were a commissioner and my religious beliefs forbade me to support Baptists, I would not have the right to refuse to marry them in a civil ceremony. He should not have special rights to pick and choose whom he marries. Let churches marry who they want, but his job is not in a church. It’s a public position and he should do his job, quit or be fired.
Okay, being an American, ignorant of Canadian law and all that I’m asking for some clarification from my Canadian brothers and sisters.
There are two types of Marriage commissioners correct? One civil, one religious. In that case since this guy is a civil commissioner then he should’ve turned in his civil (commission?) and gotten a religious one. If he refuses to do that then he should be in a spot of trouble. Or is there some nuance to this case that I’m missing?
So what happens the the Orthodox Jewish food service worker refuses to serve bacon or pork products to customers?
Or the radical pentacostal evangelical Christian type who refuses to serve women wearing pants?
Or the Moslem wait staff who cannot serve a glass of wine?
Or what about the marriage commissioner who does not believe in interracial marriage? Can he or she refuse to officiate at such marriages?
I think this seems to be an issue of people doing their jobs. If the duties in the job description cannot be preformed due to personal inclinations, then the said people need to find another line of work. It’s really that simple.
If he doesn’t want to perform civil marriages, he should not be a civil marriage commissioner!