Resignations of British Columbia Marriage Commissioners

Whereas,     Marriage Commissioners in British Columbia are being compelled to resign if they will not solemnize a marriage between same-sex partners, and

Whereas,     The British Columbia Human Rights Code Part 1, Section 13 states in part a person must not

(a) refuse to employ or refuse to continue to employ a person or
(b) discriminate against a person regarding employment or any term or condition of employment because of race, colour, ancestry, place of origin, political belief, religion …; therefore, be it

Resolved,    That the BC & Yukon Provincial Council of the Catholic Women’s League of Canada in 57th annual convention assembled request the Minister of Health of British Columbia to reverse its decision demanding the resignation of Marriage Commissioners who refuse to solemnize same sex unions.BRIEF:  Resignationsof British Columbia Marriage Commissioners

On January 14, 2004 all B.C. Marriage Commissioners received a directive from Vital Statistics advising them that any “who feel they cannot solemnize same sex marriage” are required to “resign their appointments effective March 31, 2004.” [1] This directive should be overturned because it is contrary to the BC Human Rights Code.

The directive was sent as a result of the B.C. Appeal Court ruling (July 2003). However, the definition of marriage falls under the jurisdiction of the federal government and, the law states ‘marriage is between one man and one woman to the exclusion of all others’.[2]

Paul Forseth, MP for New Westminster-Coquitlam-Burnaby, is challenging the constitutionality of forcing marriage commissioners to marry same-sex couples. He states: “This issue is before the Supreme Court, and parliament has yet to legislate to finalize the rules. It looks like B.C. has decided to ‘jump the gun’ and actively promote same-sex marriage as a matter of government operational policy.”[3]

Federal Justice Minister Irwin Cotler announced at a news conference January 28, 2004, therehas been no change in government support of same sex marriage and it is adding a new question in its already-presented questions to the Supreme Court of Canada. Minister Cotler estimated that the court would not hand down its ruling until the middle of 2005. Parliament would then debate and vote on the proposed legislation.[4]

Demanding the resignations of marriage commissioners in British Columbia is a direct violation of the B.C. Human Rights Code.[5] The directive discriminates against religious beliefs. This issue is before the Supreme Court of Canada and no federal law has yet been passed supporting same-sex marriage. Therefore the directive should be overturned.

FOOTNOTES
1. Copy of letter to Marriage Commissioners of British Columbia from Vital Statistics dated January 14, 2004.
2. Government Orders. Supply: Allotted Day – Marriage <http://www.parl.gc.ca/36/1/parlbus/chambus/house/debates/240_1999-06-08/han240_1020-e.htm> ; ?
3. McMahon, Laureen. “Will clergy be next?” The B.C. Catholic, Issue Nov. 5 – February 2, 2004
4. Government of Canada Position on Supreme Court Reference <http://www.justice.gc.ca/en/news/nr/2004/doc_31106.html>
5. B.C. Human Rights Code. Section 1 – Definitions. <http://www.qp.gov.bc.ca/statreg/stat/H/96210_01.htm>