CANADIAN SSM IN COURT--RELIGIOUS FREEDOM: From the Toronto Star

Several Supreme Court of Canada judges challenged conservative arguments yesterday that letting gays wed would wreck the "ideal norm" of heterosexual marriage and undermine social and religious institutions.

During the second day of landmark hearings into whether Ottawa can extend the legal right to marry to same-sex couples, there were pointed questions from the high court bench to the opponents of gay marriage.

There was also a striking admission from the lawyer for the attorney-general of Canada, who said even the government is not sure how strong the religious-freedom protections are in draft legislation recognizing same-sex marriage.

Constitutional scholar Peter Hogg, speaking for Justice Minister Irwin Cotler, said courts will have to deal with concerns on a "case-by-case basis."

Justice Louise Charron asked Hogg yesterday if the Supreme Court can, without having any facts, provide "a meaningful opinion" on whether the draft bill would protect clergy who don't want to perform same-sex marriages or lend their facilities to ceremonies.

"Justice Charron, I have asked myself the same question," he replied.

Hogg conceded it is "going to be difficult" for the court, without having any facts before it, to "drill too deeply" into the question.

But if the court at least made clear that freedom of religion is a broadly protected right, that would "provide some comfort and help" in "subsequent litigation," he suggested.

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posted by Eve at 9:13 PM VOTE

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