Background
Prior to this case the issue regarding the constitutional validity of same-sex marriage had been considered by several of the provinces appeal courts, all of them holding that it was constitutionally valid. In response to this, the Government of Canada submitted three questions to the Supreme Court regarding the validity of the proposed same-sex marriage legislation.
- 1. Is the Act within the authority of Parliament? If not, to what extent?
- 2. If so, is section 1 of the Act, consistent with the Charter? If not, to what extent?
- 3. Does section 2(a) of the Charter, guaranteeing freedom of religion, protect religious officials who do not believe in same-sex marriage?
Later, an additional question was added:
- 4. Is the opposite-sex requirement established in the common law and Quebec law consistent with the Charter? If not, to what extent?
Read more about this topic: Re Same-Sex Marriage
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