Sask. bill would allow commissioners to refuse to perform gay marriages

By James Wood, Saskatoon StarPhoenix

REGINA — A bid by Saskatchewan to let marriage commissioners refuse to perform gay weddings for religious reasons is being praised as a defence of religious freedoms by some and condemned as the institutionalization of discrimination by others.

Saskatchewan Justice Minister Don Morgan announced Friday the government would refer two versions of new legislation to the Saskatchewan Court of Appeal to rule on their constitutionality.

One option the province is considering would involve a grandfather clause which would only exempt individuals who were commissioners at the time same-sex marriage was legalized in 2004 from performing same-sex marriages.

The other option would allow a religious exemption for all commissioners who chose to use it.

In 2008, the Saskatchewan Human Rights Tribunal ruled that a Regina marriage commissioner had violated the province's human rights code by refusing to marry a gay couple because of the commissioner's religious beliefs.

That case is currently being appealed before the Court of Queen's Bench, while two other marriage commissioners are suing the government over the lack of a religious exemption.

Morgan said the government wants to bring forward legislation that will settle the issue before the courts and fulfil the Saskatchewan Party's original intentions to provide an exemption.

He said the government will ensure that civil marriage ceremonies will be available to same-sex couples.

"But we also have rights of people that have deeply held religious beliefs, and if we can accommodate both sets of beliefs or both views within the charter and within our administrative framework, that would be our preferred course," said Morgan.

Kelly Ries, co-chair of the Saskatoon Diversity Network, said he was stunned the government had re-opened an issue he called settled when gay marriage was legalized in 2004.

"Marriage commissioners were established to perform civil marriages. They are public officials. They don't get to pick and choose which parts of the public they will or will not serve," he said.

"I don't think the gay community is prepared to say 'We're prepared to be discriminated against.' We fought long and hard not to be, we fought long and hard to have a place at the table with everyone else."

But Prince Albert lawyer Dale Blenner-Hassett, one of two lawyers representing the marriage commissioners suing the government, said the legislation will be a reasonable accommodation for both sides.

"It makes room for those who have religious convictions and it provides for them to be people of faith in the public service without being squashed on or forced to do things against their conscience while at the same time ensuring that those who have different views are accommodated as well," he said.

Frank Quennell, the Opposition justice critic and the minister of justice in Saskatchewan's former NDP government, said the previous government had tried to apply fairly the numerous court decisions that found provinces had a duty to civil marriage services and licenses.

"That would seem to suggest that people who were authorized to provide those services need to provide them, otherwise the government would be in breach of the law," he said.

"I don't know that the Court of Appeal will say that you can discriminate in providing what the courts have said is a public service that should be provided to people."

Morgan said Prince Edward Island is the only province that currently has legislation providing a religious exemption from marriage commissioners although other provinces do so on an informal basis.

Saskatchewan is the only province that has faced litigation on the issue, he said.

Morgan said it will be up to the court how long it takes to make a decision on the legislation but it could easily be six to 12 months.

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