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Klein vows to renew law that defends marriage
Canadian Press
Date: Saturday Mar. 19, 2005 8:02 AM ET
EDMONTON A day after saying there was no point to it, Alberta Premier Ralph Klein pledged Thursday to renew the provincial law that defends traditional marriage.
Klein said his Conservative caucus believes it's important to take a strong political stand on the issue, even if it's a losing cause.
Alberta's Marriage Amendment Act defines marriage as a union between a man and a woman and includes a notwithstanding clause to get around any federal law that may define marriage differently. That clause was set to expire next week, but the caucus voted to bring it back to the legislature for renewal.
That was despite Justice Minister Ron Stevens' argument that the move will be useless because the Supreme Court has ruled that the definition of marriage is federal, not provincial, jurisidiction.
"Caucus did not buy that," Klein told reporters. "They bought the political argument that even if it is moot and even if it can't be used, we ought to leave it as it is. That is, to leave it in the legislation and wait and see what the feds do relative to Bill C-38."
Bill C-38, aimed at legalizing same-sex marriages, is now before the House of Commons.
The vast majority of Alberta's provincial Tory caucus supports the traditional definition of marriage. Klein commended Stevens for his cogent legal argument but said the arguments of some of the more conservative members won out.
"He laid it out on the line, much to his political peril, and said, 'You can pass all the laws you want, but it's outside of our jurisdiction and legally we don't have a leg to stand on.'
"But (legislature members) Ted Morton and Victor Doerksen argued that we've got to show the public that we are politically strong on this issue."
Liberal justice critic Bruce Miller called the government's apparent reversal was disappointing.
"This action is going to do nothing for the taxpayers of Alberta except cost them millions," Miller said. "This is nothing more than a vote grab by a confused and power-hungry Tory caucus afraid of losing their right-wing vote."
The issue was revived this week by Paul Hinman of the Alberta Alliance, who used his first official question period opportunity to press the government to extend the notwithstanding clause in the marriage law.
The Alliance party grabbed nearly nine per cent of the vote in the Nov. 22 election, mostly at the expense of the Tories.
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This short piece illustrates perfectly the problem with the adversarial legal system, where the idea of actual guilt is irrelevant to all participants in the pantomime. I support the vigorous defence of a person's rights, but also grasp why lawyers come across slimy. It's hard to look crystal clear and clean when you provide your services on a foundation of one set of acceptable lies against another.
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