Bill C-38

The Civil Marriage Act (full title: An Act respecting certain aspects of legal capacity for marriage for civil purposes) was introduced as Bill C-38 in the first session of the 38th Canadian Parliament on February 1, 2005. The proposed legislation would legalize same-sex marriage in Canada. As usual for federal legislation in Canada, the bill also includes a French text of equal force to the English. The title in French for Projet de loi C-38 is Loi sur le mariage civil, or in full, Loi concernant certaines conditions de fond du mariage civil.

The Bill

This is the bill's official legislative summary:

This enactment extends the legal capacity for marriage for civil purposes to same-sex couples in order to reflect values of tolerance, respect and equality, consistent with the Canadian Charter of Rights and Freedoms. It also makes consequential amendments to other Acts to ensure equal access for same-sex couples to the civil effects of marriage and divorce.[1]

Section 1 simply specifies the bill's short title. Sections 2–4 form the key provisions of the bill, and read in full as follows:

Marriage – certain aspects of capacity

2. Marriage, for civil purposes, is the lawful union of two persons to the exclusion of all others.

Religious officials

3. It is recognized that officials of religious groups are free to refuse to perform marriages that are not in accordance with their religious beliefs.

Marriage not void or voidable

4. For greater certainty, a marriage is not void or voidable by reason only that the spouses are of the same sex.

The remaining sections are "consequential amendments" that simply adjust the wording of existing acts to conform to this one.

Politics

The prevailing opinion among political commentators indicates the bill will likely pass (see a detailed analysis at members of the 38th Canadian Parliament and same-sex marriage).

As a government bill, C-38 represents the official position of Paul Martin's Liberal government, and the cabinet will thus be bound to vote in its favor. Liberal backbenchers and members of the Conservative Party and Bloc Québécois will have a free vote. The New Democratic Party (NDP) intends its vote to be whipped in favour. Most Conservatives intend to vote against C-38, while most Bloquistes intend to vote in favour. It is believed all NDP members except one (Bev Desjarlais) will follow the party line and vote in favour.

The bill was given its first reading on February 1, 2005 after its introduction by Justice minister Irwin Cotler. C-38 is closely based on a draft bill produced by then-Justice minister Martin Cauchon in 2003 and submitted to the Supreme Court of Canada as the reference question Re: Same-Sex Marriage.

There is a strong possibility, however, that the bill may die on the order papers if an election is called or if the minority Liberal government falls. It would then be up to the new government to re-introduce the bill affirming same-sex marriage (or to introduce a bill defining marriage as one man and one woman).

Chronology

• February 1, 2005 – Cotler introduces the bill and the House grants first reading. Accordingly, it is designated Bill C-38 and published.
• February 2, 2005 – Conservative support for the bill doubles to four MPs as former PCs Jim Prentice and Gerald Keddy announce they will vote in favour.
• February 8, 2005 – The Calgary-based Canada Family Action Coalition seeks to boycott Famous Players Theatres because of a 10 second ad which urged moviegoers to contact their MPs to say they support same-sex marriage. They refused to buy an ad when they learn it was paid for.
• February 16, 2005 – Second reading begins on the bill with speeches by Prime Minister Paul Martin; Opposition Leader Stephen Harper; Bloc Québécois leader Gilles Duceppe; and NDP human rights critic Bill Siksay. [2]
• April 12, 2005 – The Conservative Party's motion against the bill is defeated 164–132 against.
• May 4, 2005 – Bill C-38 passes second reading in the House of Commons with a final vote of 164–137 for.

See also

• Bill C-250

External links

• Full text of Bill C-38 in English and French (parl.gc.ca)
• Discussion paper prepared by Library of Parliament (parl.gc.ca)
• Address by Prime Minister Paul Martin to the House of commons on Bill C-38 (pm.gc.ca)