Released on July 3, 2009
Justice Minister and Attorney General Don Morgan today announced that the government will ask the Court of Appeal for an opinion on legislation that would allow marriage commissioners not to perform same-sex marriages if it is contrary to their religious beliefs, while at the same time ensuring that there are marriage commissioners available to perform same-sex marriages in Saskatchewan.
The government is referring two possible legislative options to the Court of Appeal for its opinion on whether either or both would meet the requirements of the Charter of Rights and Freedoms.
This issue is the subject of a lawsuit and a Human Rights Tribunal complaint, both of which are being heard by the Court of Queen's Bench.
"Whatever the court decides in those cases, the government is considering a legislated compromise that fulfils the needs of all involved," Morgan said. "By referring the two options to the Court of Appeal, we can start developing that legislation. This in no way interferes with the cases that are now before the court."
Under the Constitutional Questions Act, the government can ask the Court of Appeal for a ruling on constitutional questions. The last reference heard by the court was in 1990, when the government referred a question about electoral boundaries. More recently, a question on equalization payments was referred to the court in 2007, but was withdrawn by the government in 2008.
-30-
For more information, contact:
Laur'Lei Silzer
Justice and Attorney General
Regina
Phone: 306-787-0775
Email: laurlei.silzer@gov.sk.ca
Cell: 306-535-0074