Same Sex Marriage Draft Legislation, July 2003

July 16, 2003


Draft of legislation defining civil marriage as the union of two persons

90242-2003-7-4

Canada - Privy Council

July 16, 2003.

Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes

Preamble

1. Whereas marriage is a fundamental institution in Canadian society and the Parliament of Canada has a responsibility to support that institution because it strengthens commitment in relationships and represents the foundation of family life for many Canadians;

2. Whereas, in order to reflect values of tolerance, respect and equality consistent with the Canadian Charter of Rights and Freedoms, access to marriage for civil purposes should be extended to couples of the same sex;

3. And Whereas everyone has the freedom of conscience and religion under the Canadian Charter of Rights and Freedoms and officials of religious groups are free to refuse to perform marriages that are not in accordance with their religious beliefs;

4. Now Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Marriage - certain aspects of capacity
1. Marriage, for civil purposes, is the lawful union of two persons to the exclusion of all others
Religious marriage
2. Nothing in this Act affects the freedom of officials of religious groups to refuse to perform marriages that are not in accordance with their religious beliefs.
Consequential Amendments

5. Consequential amendments will be added in the bill that is introduced in Parliament.


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