Wednesday, January 12, 2011

Saskatchewan's Top Court Strikes Down Christianist Special Rights Bill

In a ruling that will no doubt have the prostitute-like mouth pieces of Christianist and professional Christian groups hyperventilating and using as a tool in their anti-gay fundraising campaigns, the the Saskatchewan Court of Appeal said "no" to proposed laws that would have allowed Saskatchewan marriage commissioners to opt out of uniting same-sex couples on religious grounds. The court correctly held that, if one is a public official, then one must perform the attendant public functions for all citizens, not just those who subscribed to one's own personal religious prejudices. Stated differently, if you want to be on the government payroll, then you do your job and you do not get to pick and choose who you will or will ot perform governmental duties for. Obviously, had the law been upheld, bigots could randomly refuse to perform their duties for anyone they did not like - e'g, Muslims, other non-Christians, and of course gays. I applaud the court's ruling denying Christianist special rights. The Regina Leader-Post has coverage and here are some highlights:
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REGINA — In giving a resounding "no" to proposed laws that would have allowed Saskatchewan marriage commissioners to opt out of uniting same-sex couples on religious grounds, the province's top court was very clear about the potential impact of such legislation.
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"It would be a significant step backward if, having won the difficult fight for the right to same-sex civil marriages, gay and lesbian couples could be shunned by the very people charged by the province with solemnizing such unions," Justice Robert Richards said, authoring Monday's majority decision for the Saskatchewan Court of Appeal.
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Justice Gene Anne Smith, writing a second decision for the court, noted the argument put forward by the religious commissioners could be claimed by those who sell marriage licenses or rent halls for weddings.
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[T]he five-member court was unanimous in rejecting both of the government's proposed laws: One allowing all marriage commissioners to refuse to perform civil marriage ceremonies which are contrary to their religious beliefs; and another granting the exemption only to those commissioners who held office when gay marriage was legalized in November 2004.
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Richards said both of the proposals would offend the Charter by violating equality rights of gay and lesbian individuals. "This violation would not be reasonable and justifiable," Richards said in a 43-page decision, with Chief Justice John Klebuc and Justice Ralph Ottenbreit concurring.
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Richards said the effect of the laws would be akin to a government officer telling a person, "I won't help you because you are black — or Asian or First Nations — but someone else will."
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"The decision confirms that people have their religious beliefs, and they may entertain that — there's complete freedom of religious beliefs," said Robertson in an interview. "It's only when your conduct, on doing something, might have an effect on somebody else, which has a discriminatory effect on them." Robertson also noted the decision applies only to marriage commissioners — 372 public servants performing civil ceremonies — and not religious clergy.

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