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Thursday, December 09, 2004

CANADIAN HIGH COURT SAYS SSM WOULD BE CONSTITUTIONAL; MUM ON WHETHER IT'S CONSTITUTIONALLY REQUIRED; BACK TO PARLIAMENT: From the Globe and Mail

A federal proposal to extend marriage rights to gays and lesbians would be constitutional, the Supreme Court of Canada ruled Thursday in a unanimous opinion.

The court, however, called a federal bluff by refusing to answer whether the current common-law definition of marriage, which excludes same-sex couples, is constitutional. ...

The court opinion--arising from four questions referred to it by the federal government--forces the government to go ahead with its proposed legislation without the comfort of a Supreme Court ruling that current same-sex prohibitions are unconstitutional.

The Supreme Court opinion is not binding but Justice Minister Irwin Cotler has made it clear that legislation will be brought before Parliament promptly. ...

His comments appeared to rule out compromise options, such as civil unions, that have been raised as a alternative to full marriage rights for homosexual couples.

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