RELG 271 Lecture Notes - Lecture 21: Human Sexuality, Eric Holder, In Re Marriage Cases
Document Summary
Ontario halpern judgment (2002) ->hedy halpern and coleen rogers. Judgment: existing legal framework is discriminatory therefore 3 options: redefine marriage. June 10: on court of appeal upholds halpern decision that definition of marriage is discriminatory. Affirmed the rights of officials to refuse to perform same-sex marriages on religious grounds. Consequential amendments: deletion of all references to natural or biological parenthood. Rights and freedoms or the expression of their beliefs in respect of marriage as the union of a man and woman to the exclusion of all others based on that guaranteed freedom. Absence of parliamentary authority (constitutional division of powers gives authority over solemnization to provinces) The new doctrine adopts close relationship conception as public language of marriage (it is an exclusive, voluntary union of two persons) The civil marriage act deletes two traditional legal components of marriage. Discriminatory nature of traditional public law of marriage. Right to continue to promote traditional norm of marriage.