| Canada is the fourth country to legalize same-sex marriage. In Canada, civil marriages are performed by both public officials and religious officials. The Supreme Court of Canada recently confirmed the state cannot compel religious officials to perform same-sex civil or religious marriages contrary to their religious beliefs.; Does equality, a fundamental Canadian value, mean that public officials whose religious beliefs oppose same-sex marriage lose their status to perform marriages if unwilling to perform same-sex marriages? Or does religious freedom, an equally fundamental value, mean these officials, like religious officials, may refuse to perform same-sex marriages?; This thesis concludes that where the dignity of same-sex couples and their right to marriage solemnization can be ensured, public officials ought to be able to refuse to solemnize same-sex marriages. Accommodation of religious belief in this instance will facilitate preserving the dignity of both same-sex couples and religious persons in this time of change. |
