October 6, 2004

TORONTO - Canada's largest Protestant denomination, The United Church of Canada, appeared before the Supreme Court of Canada today, speaking in support of the right of same-sex couples to be legally married, and also in support of the right of religious officials and congregations to decide for themselves whether they will make religious marriage services available to same-sex couples.

"A significant, unique contribution that the United Church brings to this debate is the denomination's own experience of making same-sex marriage ceremonies available to its members and, at the same time, respecting the right of those within the denomination who are opposed to such services," explains the General Secretary of the General Council, the Rev. Dr. Jim Sinclair.

Sinclair says this is possible because within the United Church, decisions about whether to make marriage services available to same-sex couples must be made on a congregation-by-congregation basis as part of the establishment of each congregation's marriage policy.

He explains that while the United Church unequivocally supports the rights of same-sex couples to have access to civil marriage, it also unequivocally supports the right of religious communities to refuse to perform such marriages.

"The United Church believes that equality and religious freedom can live side by side, supporting each other and building a stronger society," says Sinclair.

In its submission to the court, the United Church explains that while marriage is not a sacrament in the United Church, the United Church does place an extremely high value on the seriousness of the vows made in the presence of God and witnesses. Marriage is seen as a union in which the covenant between God and humanity is mutually expressed and experienced.

"Theologically and liturgically, the United Church understands both opposite-sex and same-sex couples as sharing the same human dignity of being made in the image of God. There is therefore no theological impediment that would prevent same-sex couples from participating in this union, which is one of the fullest expressions of the covenant between God and humanity. To the contrary, excluding same-sex couples from this expression of the covenant relationship undermines their basic human dignity."

The United Church's factum also draws a clear distinction between civil marriage and religious marriage.

"Religious marriage is not, and cannot be, affected by the proposed legislation. All religious communities in Canada, whatever their views on same-sex marriage, have the absolute right to determine for themselves who will be eligible for religious marriage within their communities. This includes the right to determine whether the community will offer religious marriages to interfaith couples, to divorced couples, or to couples who are not members of the community."

The United Church also maintains that the religious freedom of religious communities who object to same-sex marriage is not infringed by the proposed legislation. They cannot be compelled to offer marriages which violate their religious beliefs.

"The mere fact that civil marriage is available to same-sex couples does not constitute an attack on the religious beliefs of those who are opposed to same-sex unions," explains Sinclair. "More importantly, the United Church does not believe that the faith stance of a community which supports same-sex marriage undermines the faith stance of a community that does not."

The United Church factum also argues that the protection for conscientious objection to performing same-sex marriages, which is provided by the Canadian Charter of Rights and Freedoms and is affirmed in the proposed legislation, does not conflict with the right of same-sex couples to marry.

"The enactment of the proposed legislation means that same-sex couples will be able to obtain civil marriage on demand. While they may not be able to obtain religious marriage on demand, depending on the views of the particular congregation, that is also the case of many other couples, such as interfaith couples. It does not deprive same-sex couples of their right to civil marriage."

Sinclair comments that the United Church believes that opposition to same-sex families based upon religious, moral and social dimensions is not the only approach that people of faith can bring to the issues in this appeal to the Supreme Court. He adds that it is the United Church's view that a commitment to equality for all people, regardless of sexual orientation, can grow out of religious faith.

The United Church's factum to the Supreme Court also notes that the societal significance of marriage cannot be overemphasized.

"Marriage is a benchmark by which Canadian society names the everyday development of love and intimacy between a couple. For many people, marriage ritualizes the sanctity of love through the very means by which people convert houses into homes, food into customs of community, and sex into love. Restricting the definition of marriage to opposite-sex couples questions the capacity of gays and lesbians to develop love and intimacy, undermining their human dignity and reinforcing prejudicial attitudes and even promoting violence."

In conclusion the United Church's factum states:

"The issue of same-sex marriage must be resolved in a civil, religious and moral context of respect for differing positions, with integrity, thereby leading to principled decisions based on a commitment to justice and law for all. Such decisions result in a more inclusive community, where healing of past divisions can occur, and where the total community becomes healthier and more enriched."

United Church of Canada