Segacs's World I Know

The Supreme Court of Canada is set to issue its ruling on gay marriage on Thursday:

The ruling will be handed down just two months after the court heard a high-profile reference case from the federal government — an unusually short period of deliberation in such a seemingly complex case.

The reference, launched after appellate courts in British Columbia, Ontario and Quebec legalized same-sex marriage, asked the court four questions.

The first question is whether the federal government has jurisdiction to alter the definition of marriage. The second involves the constitutionality of Ottawa’s plan to redefine marriage to include gays and lesbians.

The third question involves whether religious institutions are legally protected from having to marry same-sex couples. The fourth question — added on the eve of last spring’s federal election campaign — involves the constitutionality of the existing exclusion of same-sex couples from marriage.

There’s a lot of speculation about what might happen. Canadians are very divided on the issue. I’ve made my opinion clear, and I don’t see how the court could really rule against gay marriage given the trends of legalization of it by province after province. But I wonder if they’ll somehow find a way to strike a compromise to avoid antagonizing the conservative right, given the precarious minority government situation of the Liberals. The Supreme Court is supposed to be above politics, but the justices live in the same world we do and see the same polling data that we do.

Here’s hoping that the court hands down a judgement that strikes down the discrimination inherent in the current definition of marrriage – of course, still respecting the rights of religions to decide for themselves.

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4. When democracy fails
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