Mr. Klein said if an Alberta marriage commissioner doesn't want to perform a marriage, however, he or she would not be forced to.But the first time a same-sex couple who is refused service by an individual delegated by the provincial govt, to perform a govt service, decides to do something about it, Mr. Klein will find that the courts disagree.
Mr. Klein said if an employee at a private agency contracted to issue driver's licences on behalf of the province doesn't want to issue licences to members of the First Nations, however, he or she would not be forced to.See how it works, Ralph? It doesn't.
The Supreme Court has long since required that Alberta's private-sector human rights legislation be read as prohibiting discrimination on the ground of sexual orientation, in order to comply with the constitutional Charter by
not denying gay men and lesbians equal treatment, i.e. treatment equal to that given to other historically disadvantaged groups. Obviously, the govt and those it delegates to exercise its powers are hardly subject to less stringent requirements. You'd think Ralph would get tired of losing.
BC took the opposite tack.
http://www.samesexmarriage.ca/legal/bc_case/marriage_commissioners.htmJanuary 21, 2004
BC marriage commissioners must perform
Bigotry will not be tolerated in the workplace
"Obviously the province is realizing that the court has spoken very clearly about same-sex marriages and that individuals who are commissioners can now no more turn down a same-sex marriage than they could if they didn't like the person's colour ... This is a very different issue than telling a church they would have to conduct a same-sex marriage. It's a particular individual with a secular job. You either do it or you look for different work." -- Vancouver city councillor and United Church minister Tim Stevenson, The Province, Jan. 21, 2004.
British Columbia's Vital Statistics Agency (part of the Ministry of Health Planning) issued a letter yesterday to all of its marriage commissioners, advising them of the agency's expectation that all commissioners will comply with the Canadian Charter and the new common law definition of marriage. British Columbia, following Ontario's lead, introduced same-sex marriage in that province on July 8, 2003.
Any commissioners "who feel that they cannot solemnize same-sex marriages" are expected to give notice of their intention to resign by Feb. 27, with a deadline of leaving their job by March 31.
Next, the churches, and it can't be too soon for me.
Nobody's gonna "<tell> a church they would have to conduct a same-sex marriage".
All they have to be told is that if they discriminate against same-sex couples -- or divorced individuals, or individuals not members of the church in question -- by denying the service that they are delegated by the province to perform, they won't be able to perform the service at all.
They may do what they like, they just may not discriminate
and continue to be delegated to perform government functions. If they have a problem with following the rules that apply to everybody else, we relieve them of that problem.