The Act
This is the Act's official legislative summary:
- 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.
The short title of the act (Civil Marriage Act) is defined in Section 1. Sections 2 through 4 form the substance of the Act, and were the key points of contention during its debate in the House of Commons and the Senate. Section 3.1 was added with an amendment during the committee stage, and was subsequently adopted by the House of Commons.
- Marriage - certain aspects of capacity
- 2. Marriage, for civil purposes, is the lawful union of two persons to the exclusion of all others.
- Religious officials
- 3. It is recognized that officials of religious groups are free to refuse to perform marriages that are not in accordance with their religious beliefs.
- Freedom of conscience and religion and expression of beliefs
- 3.1 For greater certainty, no person or organization shall be deprived of any benefit, or be subject to any obligation or sanction, under any law of the Parliament of Canada solely by reason of their exercise, in respect of marriage between persons of the same sex, of the freedom of conscience and religion guaranteed under the Canadian Charter of Rights and Freedoms or the expression of their beliefs in respect of marriage as the union of a man and woman to the exclusion of all others based on that guaranteed freedom.
- Marriage not void or voidable
- 4. For greater certainty, a marriage is not void or voidable by reason only that the spouses are of the same sex.
The remaining sections are "consequential amendments" that simply adjust the wording of existing acts to conform to this one.
Read more about this topic: Civil Marriage Act
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