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Gay marriage court reference may be modified
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Canadian Press
Date: Sat. Jan. 10 2004 9:31 PM ET
OTTAWA The federal government is planning to modify its Supreme Court reference on same-sex marriage to defuse a political bomb before the next election, sources said Friday.
One government source said Justice Department officials will be asked to draft an additional question -- perhaps about civil unions as an alternative to same-sex marriage.
Another source said such a move would almost certainly push back a hearing date scheduled for April 16, smack dab in the middle of an anticipated election campaign.
But Prime Minister Paul Martin said no decision was made at a cabinet meeting Friday.
"This is basically a decision that will be taken by the minister of justice," Martin said after the day-long meeting.
"We went through the justice agenda, we went through a number of issues this morning but it was not discussed at the cabinet retreat."
Liberal strategists have been quietly seeking ways to make the political hot potato disappear before the expected May election.
Polls have suggested the country is divided on an issue that has also sparked acrimonious debate within the Liberal party.
And Liberals shudder at the thought of their prime minister being force-fed a daily diet of same-sex questions on the campaign trail.
Currently, the reference includes three questions that essentially ask the Supreme Court to rubber-stamp the government's same-sex marriage legislation.
The court was handed the draft legislation and asked three questions: Is it constitutional; does it respect provincial authority; and can churches continue defining marriage however they see fit?
The high court was left with little in the way of options. Asking a question about civil unions would provide the judges with an alternative to same-sex marriage.
And it would allow Martin to declare the matter out of his hands during an election campaign.
But Justice Minister Irwin Cotler added that the current three-question reference to the Supreme Court could be left unchanged. He said cabinet would discuss the matter at its next meeting.
Gay-rights groups weren't waiting for a formal announcement to vent their frustration with the new prime minister.
They were already protesting outside the House of Commons following a CBC report Friday that the government intended to expand its reference.
"We expected Paul Martin to be a champion of equality," said Mary-Woo Sims of Canadians for Equal Marriage.
"I am very disappointed in his lack of leadership in this area. I certainly hope he's not trying to cater to people who would deny equality."
Another activist compared civil unions to old-fashioned segregation.
"Civil unions would be a step backwards, to the back of the bus," said Laurie Arron of EGALE.
"Taking away the right to marry and giving us civil unions instead would brand gays and lesbians as second-class citizens."
The same-sex marriage debate flared after provincial courts in British Columbia and Ontario declared traditional marriage laws unconstitutional.
The Chretien government announced last June it would not appeal those verdicts and would instead proceed with its reference and legislation to redefine marriage.
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I've been watching this story slowly building steam for several months now. It's definitely something the nuclear industry would rather not talk about because spent fuel storage all over the world is vulnerable too. Other sites haven't been weakened by earthquakes and explosions, but they are vulnerable to other hazards. This danger in Fukushima sheds light on the long-term storage problem that most governments have not dealt with at all.
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