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Prime Minister Stephen Harper responds to a question during Question Period in the House of Commons in Ottawa Wednesday, Oct 4., 2006.(CP / Tom Hanson) Opposition Leader and interim Liberal Leader Bill Graham stands to speak during question period in the House of Commons on Wednesday. Justice Minister Vic Toews is seen outside the House of Commons as seen in this file photo.  (CP / Fred Chartrand)

Tories blasted on same-sex marriage backup plan

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Date: Wed. Oct. 4 2006 11:13 PM ET

The Conservative government is brushing off as speculation reports they would legislatively support opponents of gay marriage if their attempt to revive the traditional definition of marriage fails.

"Isn't this an attempt to remove sexual orientation as a prohibited ground of discrimination?" interim Liberal Leader Bill Graham asked in question period on Wednesday.

He was referring to a Globe and Mail report that the Conservative government is working on measures that would protect ministers and justices of the peace who refuse to marry same-sex couples.

The legislation will also include measures that would protect religious leaders' rights to voice criticism of homosexual behaviour without risking complaints of human rights violations.

Prime Minister Stephen Harper said, "the government has no plans along the lines (Graham) is suggesting."

Speaking on CTV's Mike Duffy Live Wednesday, Conservative MP Jason Kenney echoed the prime minister's words. However, he added that the government "wants to protect the rights of all minorities, both gays and lesbians and religious minorities as well."

NDP MP Bill Siksay said any attempts by the Conservatives to protect religious rights and freedoms would be redundant.

"There's no crisis around religious freedoms in Canada. They're absolutely protected in the (Charter of Rights and Freedoms)," said Siksay.

"Even the marriage bill that was passed ... went out of its way to include religious protection -- to make sure no church, no synagogue, no temple was forced to perform a same-sex marriage against their will, if that was against their beliefs. It couldn't be clearer."

But he argued same-sex couples should not have to go through difficulties trying to find a willing marriage commissioner.

"These are people who are performing secular marriages -- state marriages, civil marriages. If they're not prepared to do that for the people who come to them, and if there's no duty of accommodation ... then something is wrong with the system," said Siksay.

Same-sex marriage debate

Since the election campaign, the Conservatives have promised to move a motion to re-open the debate on same-sex marriage and put the issue to a free vote in the House of Commons.

The motion is expected in the fall. Harper repeated that on Wednesday.

If the motion passes, it will give the government the authority to bring in legislation to repeal the law that made same-sex marriage legal last year.

If it is defeated, the Globe reported the government intends to bring forward the new Defence of Religions Act as a backup plan.

Justice Minister Vic Toews confirmed the government's intentions in an interview Tuesday with the Globe.

However, Toews wouldn't go into specifics.

"The nature of the concerns that are being raised with me are relating to freedom of religion and freedom to practice religion (and) freedom of expression," he said.

"The prime minister has indicated that he is bringing the matter forward -- the issue of same-sex marriage -- on a free vote. And there may be certain options open to the government as to what the response should be in either event, whether that opening is successful or not successful."

A few rebel Conservatives are likely to join with opposition MPs to defeat the motion to reopen the same-sex marriage debate, which would prompt the government to introduce the backup legislation.

The legislation would also protect religious groups from being forced to do business with groups they disagree with for religious reasons. By example, a church couldn't be forced to rent its reception hall for a same-sex wedding if it disagreed with the union.

Religious leaders have long worried their free-speech rights to express religious beliefs on the subject of homosexuality were coming under fire, and ministers would one day be forced, by law, to perform same-sex marriages.

The former Liberal government claimed existing laws and court precedent already protected ministers from performing same-sex marriages if they chose not to.

Courts and tribunals, however, have sent mixed signals over the rights of individuals to publicly criticize homosexual behaviour, and as a result the new legislation could face challenges under the Charter.

A source told the Globe that the legislation is a work-in-progress but "the point is there. People have to have the right to say what they want."

Prime Minister Stephen Harper told the House of Commons on Tuesday that he is also committed to protecting the rights of gay and lesbian Canadians.

"At the same time," he added, "we also defend the right of people of religious faith to practice their religion and to express their religious views."

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