The Most Significant Decision of 2004

The Supreme Court of Canada’s recent decision on same-sex marriage is, by a long shot, the most significant court decision of 2004. 

Whether you are for it or against it, there can be no doubt that the extension of the definition of marriage to include same-sex couples is the most groundbreaking decision that the court has rendered in some time. 

We are one of very few countries in the world who will be permitting same-sex couples to marry and have the same rights that married couples have. 

There was concern that changing the law would force churches and ministers to marry same-sex couples against their will.  That argument has always been nonsense.  The reason that same-sex couples have been allowed to marry is that the courts have, over the last few years, determined that denying those rights has been a denial of the equality rights in the Charter of Rights and Freedoms.  The Charter also contains rights of freedom of religion.  No church is going to have to change their practice to include marriage for same-sex couples if it runs counter to their tenets.  Marriage is, and always has been, available in a civil ceremony.

The reason the decision is so significant is that it demonstrates how the historical foundation of our country’s laws is no longer considered relevant.  Our country and its laws were built on a Christian foundation.  Over time, the demographics of this country have changed significantly.  Those who have resisted change have made the classic argument:  “Why should we change for the people that come to OUR country: they would not change their country if we went there?”  The answer is simple:  Unlike the “melting pot” that is U.S. society, our country has prided itself on being a quilt, representative of and celebrating all the various peoples that make up Canada. 

The result has been that laws and customs that were predicated on a Christian upbringing had to change if we were going to be a multicultural tapestry. 

The changes included things like the elimination of the Lord’s Prayer in public schools, the advent of Sunday shopping, the “affirmation” instead of the oath in court and now, the elimination of exclusive rights for heterosexual married couples. 

I predict that we will see more changes, as religion will become completely absent from our laws.  Think about statutory holidays in Ontario:  there are eight, three of which are Easter, Christmas and Boxing Day, all of which are to accommodate Christian holidays.  I would not be surprised to see the law change (in the long term) such that a person has certain “floater” holidays, which they can take at their option to permit them time off when they choose (which may include their religious holidays.)

Unfortunately, it will take some time before same-sex marriage is considered “acceptable” by the majority.  History has shown us that the establishment of rights in the law does not equate with acceptance by the general public.  That takes time, often two generations.

The Supreme Court only hears cases if they are deemed to be of significant national importance, so, arguably, all their decisions are important.  However, you will surely agree that this decision is far more important than, for example, their 1948 decision on the legality of margarine.