C-38 Gay and Civil Rights

The pending Canadian same-sex marriage law is similar to and different from the Massachusetts implementation. It provides our style of civil contract as the basis for marriage, but it bases this clearly on its constitutional and chartered specific human rights equality.

Officially, the bill is C-38, Parliament 38, Session 1. You can see its final, amended form in HTML, French and English, here. Click through the Next arrow at the top to see the full text.

The summary reads:

This enactment extends the legal capacity for marriage for civil purposes to same-sex couples in order to reflect values of tolerance, respect and equality, consistent with the Canadian Charter of Rights and Freedoms. It also makes consequential amendments to other Acts to ensure equal access for same-sex couples to the civil effects of marriage and divorce.

Massachusetts' is like their provinces' and territories' court decisions. It is a judicial interpretation of equal-rights statutes. C-38 is also similar in reinforcing the civil contract as the basis for marriage.

In both countries, various groups try to pretend that this would be government changing the nature of a religious rite. Yet the truth as well as tradition is that marriage in North America has always been a contract between two people, whether religious rituals were involved or not.

The Canadian constitution and subsequent charter of rights are much plainer about protecting everyone's rights and offering equality. Good on them.