By Ryan Pilon

Mixed reaction to court decision on marrying same-sex couples

Jan 10, 2011 | 12:37 PM

There is mixed reaction over a Court of Appeal for Saskatchewan’s decision in the “Marriage Commissioners Reference.”

The court decided marriage commissioners cannot refuse to perform same-sex marriage ceremonies because it is unconstitutional.

Philip Fourie is a Prince Albert lawyer, representing marriage commissioners, who don't want to marry same sex couples due to their religious beliefs. He is unhappy with the court’s decision.

“It’s unfortunate that the court has indicated that my clients’ feelings are of less importance than those of same-sex couples,” said Fourie. “I don’t believe it’s a correct statement to say Christians don’t have feelings, and if they do, they shouldn’t have any.”

Religious beliefs are just as much a right as sexual orientation, Fourie said.

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“Although government has a duty to provide services in a non-discriminatory fashion, government also has a duty to accommodate religious beliefs,” said Fourie.

“Government employees’ constitutional rights don’t just dissolve upon entering the public service.”

Meanwhile, others are pleased with the news, including Prince Albert’s Samantha Howard, who is married to her wife, Gemma Howard. She said this is a positive step forward for the gay community in the province.

“We’re respected just like everybody else in the community, with the same rights and the same laws and the same chance to have that love and commitment to each other that’s legally binding,” said Howard.

However, she does note that these court proceedings tread on a fine line between same-sex couple’s rights and religious rights.

“Either way, which ever decision is made, somebody is treated differently. That is discrimination on the religious beliefs, and that is discrimination on the same-sex couples,” said Howard.

Howard said she believes the court made the right decision and professionals should be able to put aside their personal beliefs in order to do their job.

“It’s their decision to be a commissioner of oath, that is their career, that is their job —they have to treat everyone equally and fair. I think it’s fair for same-sex couples,” Howard said.

Fourie said he and his clients will be reviewing the decision and will decide if they will file for an appeal.

For more on this story: Refusal to marry same-sex couples unconstitutional

rpilon@panow.com