(Ottawa) A motion to reopen the issue of same-sex marriage was quickly rejected by Canada's House of Commons Thursday afternoon leaving LGBT rights advocates jubilant and opponents accusing the minority Conservative government of betrayal.
The House voted 175 - 123 to reject the motion that would have directed the government to prepare a bill to repeal the same-sex marriage law while at the same time allowing those marriages already conducted to stand and to permit civil unions.
Among those voting against the motion were five members of Conservative Prime Minister Stephen Harper's own cabinet.
The defeat of the measure was not unexpected. Surveys of Members of Parliament leading up to the vote showed that a majority opposed reopening the issue after a series of legal expects advised it would mean using a section of the Constitution, called the notwithstanding clause, that allows the government to override sections of the Constitution.
A number of MPs who oppose same-sex marriage voted against reopening the issue fearing that using the notwithstanding clause for the first time could set a dangerous precedent.
The majority of Canadians also opposed reopening the issue. A Strategic Counsel poll taken last week for the CTV television network and The Globe and Mail showed 58 percent of Canadians believe the marriage law should continue to include same-sex couples. Only 36 percent said it should be repealed.
Prime Minister Harper maintained that the motion fulfilled a campaign promise, but when the motion came up for debate on Tuesday in the House Harper was visibly absent. So were most other MPs. There was barely a quorum in the House. At one point there were more pages than members.
But while Harper may have been fulfilling a promise to his base, it has left it less than satisfied.
The socially conservative Campaign Life Coalition accused Harper of deserting the right. Spokesperson Mary Ellen Douglas said that the Prime Minister orchestrated the measure's defeat to put the issue to rest before an election expected before spring.
Douglas said that instead of asking MPs if they wanted to reopen the debate Harper should have introduced a repeal bill.
Her assessment that the wording of the motion and its subsequent defeat were planned to prevent the opposition Liberals from accusing the Tories of being bigots during the campaign may have been accurate.
With polls showing most Canadians opposed to repealing gay marriage and with the Conservatives slightly trailing the Liberals in public opinion polls, Harper must be seen as a moderate to win a majority government.
Following the vote Harper said the fight against same-sex marriage is over for good.
"We made a promise to have a free vote on this issue, we kept that promise, and obviously the vote was decisive and obviously we'll accept the democratic result of the people's representatives," Harper said. "I don't see reopening this question in the future."
*365Gay.com
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