Should Gay Marriages Be Legalized?

Should same sex marriages be legal?

Same-sex marriages have been very controversial since becoming an issue in Canada regarding the Canadian Charter of Rights and Freedoms. Several people state that same-sex marriages should be legal, while others disagree, saying it should not be permitted. There have been many debates and inquiries about this issue for several years; the MP's and Parliament will finally settle the problem within the next year or so. Many are in favour of legalizing same-sex marriages in all of Canada due to the violations and infringes upon the Charter of Rights and Freedoms. Problems revolving around same-sex marriages have upset many religious groups. These groups believe that same-sex marriages should not be performed in a church - or at all. Although churches and other places of worship do not approve of same-sex marriages, legalizing same-sex marriages does not breach the Canadian Charter of Rights and Freedoms. Same-sex marriages should be legalized everywhere in Canada because individuals should be able to express themselves freely without having to feel discriminated against, as stated in the Canadian Charter of Rights and Freedoms.

Denying the fundamental liberties and other rights in the Canadian Charter of Rights and Freedoms is unconstitutional and contravenes what the Charter is expected to maintain. The fundamental rights are what the Charter is based on - the freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication (Section 2b) will be infringed if same-sex marriages are disallowed. Addressing the issue of the fundamental freedoms on same-sex marriages, Prime Minister Paul Martin quoted:

The Charter is a living document, the heartbeat of our constitution. It is also a proclamation. It declares that as Canadians, we live under a progressive and inclusive set of fundamental beliefs about the value of the individual. It declares that we all are lessened when any one of us is denied a fundamental right...If we do no step forward, then we step back. If we do not protect a right, then we deny it.

Canada is governed based on the Canadian Charter of Rights and Freedoms. Certain parties of the government believe that the government can not and should not pick and choose whose rights they will defend and whose rights they will ignore. If the fundamental rights of one minority can be denied, those of others can potentially be denied as well. The freedom to express yourself is the way a person gains their individuality. If the government seizes that liberty, individuality is being taken away from the world. If same-sex marriages are prohibited, section 2B of the fundamental rights will be infringed as well as the individuality of a person.

Discrimination concerns have also become a problem regarding the Charter of Rights and Freedoms. In the past, homosexuals were discriminated and penalized for their sexual orientation. They were murdered in the early twentieth century and then later on imprisoned as time passed. Discrimination also arose if employers discovered of their employees homosexual orientation, which caused them to lose their employment. The equality rights have also been violated concerning marriage benefits and the definition as well - (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. Before the definition of marriage was changed, homosexuals were not included under the law stating marriage as the union between a man and a woman. The government found it unconstitutional and changed it so it would correspond to the changes in the twenty-first century and reflect Canadian society in the present stating that marriage is a civil act between two persons. The Civil Marriage Act stated that "The government believes that same-sex couples should have equal access to marriage - anything short of that is less than equal and discriminatory." Homosexuals should not have to feel discriminated against because of their sexual orientation, the rest of society ought to accept the fact that they are also human beings as well.

Religious institutions strongly disagree with same-sex marriages being legalized. The Catholic Church and other churches firmly believe that legalizing same-sex marriages are wrong and are considered a sin. Marriage is a union between a man and a woman and not of two people within the same sex. A poll surveyed Canadians on what they thought of the traditional definition of marriage and 42% were in support while 35% were opposed and 23% were undecided. On Jan. 19, 2005, Cardinal Aloysius Ambrozic urged Prime Minster Martin to consider not passing the same-sex marriage bill, and to use the notwithstanding clause. The Cardinal wrote a letter to the Prime Minister dealing with the different issues of same-sex marriages saying "the conjugal partnership of a man and a woman is the beginning and basis of human society, and the family is the first and vital cell of society." Allowing same-sex marriages will affect the laws of society, customs, and society as a whole. Children will have to adapt the fact that they have two parents of the same sex. The child may also turn out homosexual as well if different components of the family are missing such as a father or mother. The Cardinal also stated in his letter

The law is a teacher ... it will be teaching that homosexuality activity and heterosexual activity are morally equivalent...I urge you, Prime Minister, to table a bill that legislatively enacts the traditional opposite-sex definition of marriage, coupled with a clause that provides for the legislation to take effect notwithstanding the Charter of Rights and Freedoms. As you know, the so called notwithstanding clause has a five-year lifespan. A five year period will allow this national discussion sufficient time to occur and to ripen into a sober and careful decision. It will give time for Canada to observe the social experiments now under way in Belgium and the Netherlands, and in other places where legislation implementing same-sex marriage might